TikTok Fights Back Against U.S. Ban, Citing Violation of Free Speech
TikTok has submitted a 99-page brief to the District of Columbia Court of Appeals, arguing that the U.S. government’s ban on the app violates the First Amendment right to free speech. The ban is part of the Protecting Americans From Foreign Adversary Controlled Applications Act (PAFACA), which was signed into law by President Joe Biden in April. TikTok is calling for a review of the constitutionality of the legislation.
In its filing, TikTok claims that the Act is unconstitutional and must be enjoined. It argues that the government must prove that the ban is narrowly tailored to advance a compelling governmental interest and that it is the least restrictive way to achieve this goal. TikTok alleges that Congress failed to meet this requirement as it did not consider less restrictive alternatives before passing the law.
TikTok points out that it had negotiated a 90-page National Security Agreement with the U.S. government, which included “multi-layered safeguards and enforcement mechanisms.” The company also mentions its Project Texas initiative, a $2 billion effort to secure U.S. users’ data. TikTok believes that these measures demonstrate its commitment to addressing the government’s concerns.
Furthermore, TikTok objects to the “two-tiered system of speech regulation” under PAFACA, which it claims unfairly singles out the company. The legislation automatically considers an app to be “foreign adversary controlled” if it is operated by ByteDance or TikTok, imposing different standards for TikTok and other companies.
TikTok also addresses claims that divestment from Chinese parent company ByteDance could resolve the issue. The company argues that divestment is “technologically, commercially, and legally infeasible.” It mentions that even if divestment were possible, TikTok would become “a shell of its former self” in the U.S., requiring isolation from global users and losing commercial value.
Additionally, TikTok states that it cannot pursue a sale because the Chinese government prohibits a forced divestment of the app’s recommendation engine. The company compares this to the U.S. restricting the export of certain technologies to China.
TikTok’s legal challenge will be heard in three months, with oral arguments scheduled for September 16. If the challenge fails, PAFACA could fine TikTok up to $5,000 for each U.S. user, potentially resulting in a massive fine of approximately $850 billion for the company.
The U.S. government’s concerns about TikTok revolve around fears of covert spying and algorithm manipulation by the Chinese government. However, no public evidence has been produced to substantiate these claims. Some senators have also accused TikTok of promoting support for Palestine to create division in the U.S.
In conclusion, TikTok is fighting back against the U.S. ban, asserting that it violates free speech rights and lacks constitutional validity. The company argues that it has taken significant steps to address the government’s concerns and that divestment is not a feasible solution. The outcome of TikTok’s legal challenge will have significant implications for the future of the app in the U.S.