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TikTok sues U.S. government over law forcing sale or ban

Bloomberg ·
Bloomberg
Bloomberg

TikTok has filed a lawsuit against the U.S. government, challenging a new law mandating its Chinese parent company, ByteDance Ltd., to sell the platform or face a nationwide ban. This legal action represents a significant escalation in the dispute over the app's ownership and raises questions about free speech and national security. The law in question was included in a broader foreign aid package, receiving final approval with the endorsement of the Biden administration. Prior to its passage, President Joe Biden had signified his intent to sign the bill, though detailed commentary on his decision was limited. The administration, along with senior officials such as the head of the FBI and the director of national intelligence, has raised concerns about TikTok's potential as a national security threat. They argue the app’s Chinese ownership could enable Beijing to access the data of U.S. users and possibly use the platform for disseminating propaganda. Amid these concerns, some, like Eric Schmidt, former Google CEO, have voiced preferences for regulation over banning. However, the current stance of the U.S. government, as reflected by this legislation, suggests a preference for a complete severance of TikTok’s ties with China through a sale of the company, dismissing the option of mere regulation. TikTok and ByteDance are challenging the law based on claims it infringes on the First Amendment rights of approximately 170 million U.S. TikTok users. They argue the law constitutes an unheard-of act by Congress, lacking substantial justification, thereby laying the foundation for a significant constitutional battle. This lawsuit marks a pivotal moment in the ongoing debate over the app's future in the United States, highlighting the complexities at the intersection of national security and free speech.