Late Friday, the Justice Department submitted its response to TikTok’s civil lawsuit challenging a new law that could compel the app to be sold or face a ban in the United States. TikTok’s lawsuit, filed in a federal court in Washington, argues that the law infringes on First Amendment rights, claiming it restricts free speech.
The U.S. government, however, counters that the law is primarily concerned with national security rather than free speech. The Justice Department asserts that ByteDance, TikTok’s Chinese parent company, does not have standing to invoke First Amendment protections in this context.
According to senior officials, the government’s filing underscores fears that ByteDance might be compelled by the Chinese government to provide data on U.S. users or manipulate content on the platform.
“The objective of this law is to ensure that people of all ages can use the platform safely,” a senior Justice Department official stated during a briefing. “It aims to guarantee that user data is not ultimately being shared with the Chinese government and that the content users see is not being influenced or censored by Chinese authorities.”
The response further argues that the law’s emphasis on the foreign ownership of TikTok removes it from the purview of the First Amendment. U.S. intelligence agencies have expressed concerns that China could “weaponize” mobile apps, potentially exploiting them for large-scale data collection and cyber activities.
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“For years, the Chinese government has been actively seeking comprehensive datasets on Americans through various means, including cyber espionage, purchasing data from brokers, and developing sophisticated AI models to exploit this data,” a senior Justice Department official explained.
TikTok has maintained that the forced divestiture demanded by the law is “simply not possible” within the stipulated timeframe.
The law, signed by President Joe Biden earlier this year, sets a mid-January 2025 deadline for TikTok to secure a non-Chinese buyer or face a ban in the U.S. The White House retains the option to extend this deadline by an additional 90 days.
TikTok and ByteDance’s lawsuit contends, “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, preventing every American from participating in a unique online community with over one billion users worldwide.”
As the legal battle unfolds, the implications for TikTok and its vast user base in the United States remain uncertain, hinging on the resolution of complex issues surrounding national security, free speech, and international business operations.