TikTok said it sued the federal government on Tuesday, arguing the law was unconstitutional.
TikTok said that the law violated the First Amendment by effectively removing an app that millions of Americans use to share their views and communicate freely. It also argued that a divestiture was “simply not possible,” especially within the law’s 270-day timeline, pointing to difficulties such as Beijing’s refusal to sell a key feature that powers TikTok in the United States.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide,” the company said in the 67-page petition it provided, which initiates the lawsuit. “There is no question: The act will force a shutdown of TikTok by Jan. 19, 2025.”
Several legal experts expect the case to land in front of the Supreme Court.
Last year, Montana passed a law that would have barred TikTok from operating in the state as of Jan. 1, saying the company presented a security threat to its citizens. A group of TikTok users filed a lawsuit funded by the app, saying the law violated their First Amendment rights and outstripped the state’s legal authority. TikTok also filed a separate lawsuit within a week, arguing that the legislation violated the First Amendment.
In November, a federal judge blocked the Montana ban, saying it most likely violated the First Amendment and a clause that gives Congress the power to regulate commerce with foreign nations.
@TroubledSwiftRepublican2wks2W
Regardless of who may be behind TikTok, banning it sounds unAmerican and unconstitutional to me. It’s clearly an infringement on free speech. What comes next ? Book burning?
@PorpoiseJimmySocialist2wks2W
No, it isn't an infringement on free speech. First of all, that is how the whole DMCA platform thing works, it isn't the speech of the platform owner, it is the speech of the users of the platform. Second, there is clearly a national security interest to consider when it comes to the ownership of major media outlets. Do you really think during the cold war we would have let the Soviet Union buy CBS or ABC?
@P0l1cyAriaPatriot2wks2W
Why does the Biden administration continue to run campaign ads on TikTok when they know full well it is run by the Chinese government?
@OriginalEqualityGreen2wks2W
This is the million dollar question! Kinda ironic, huh?
To be purchased by an entity controlled by the CIA. How many ex-CIA employees have worked for Meta, Twitter, and various other social media organizations?
@SadElect0ralMountain2wks2W
If we were actually worried about our children then all these platforms would be gone
@Dem0cr4tOctopusPatriot2wks2W
Why does the Biden administration continue to run campaign ads on TikTok when they know full well it is run by the Chinese government?
@BuckChuckDemocrat2wks2W
Best case scenario: a virtuous cycle where users continue to ebb, which decline is accelerated by online creators deciding not to exclusively invest in this decaying platform.
TikTok then has a lose-lose choice:
Option 1: endure protracted litigation amidst a declining user base, which will invariably impact any eventual deal value, or
Option 2: sell earlier to whoever is willing to buy a second-hand product at a market discount
Either way, good for the US, for our teens (even if they are mad for 24 hours), and as a bright line for policy.
@ISIDEWITH2wks2W
Do you think a government should have the power to ban an app based on security concerns, even if it means limiting free speech?
@9M8K8NB 2wks2W
No. Ban it off of government phones, or for government workers, not for America as a whole.
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