TikTok and ByteDance filed a lawsuit in federal court Tuesday, May 7, challenging legislation that would ban or force the sale of the popular app. The companies claim the new law violates the U.S. Constitution and referenced the First Amendment 27 times.
The law, signed by President Biden in April, gives the Chinese parent company until Jan. 19, 2025, to sell the short-form video app or face an outright ban within the U.S.
The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia, claimed the sale, “is simply not possible: not commercially, not technologically, not legally.”
According to ByteDance, the Chinese government “has made clear” it would not allow divestment of TikTok, pointing to the success of the recommendation algorithm of the app within the United States.
The suit also alleges that by passing the law, the U.S. government is, “silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere.”
The provision to ban TikTok was part of a broader foreign ad package that included funding for Israel, Ukraine and Taiwan. Lawmakers wanting to ban the app said they worried the Chinese government could access the data of American users and use the app to influence public opinion.
In 2020, then-President Donald Trump tried to ban TikTok in the U.S. if ByteDance didn’t divest its U.S. operations. That move was eventually blocked by the courts. Now, TikTok stores American user information with Oracle rather than on Chinese servers. Trump has since tempered his stance on banning the app.
A recent poll from Reuters/Ipsos found 58% of respondents believe the Chinese government uses TikTok to influence American opinion.
Just 13% said they disagree while the rest were unsure or didn’t answer. The poll also found 50% of Americans support banning the app. Reuters said support for the ban skews older, while Republicans are more likely than Democrats to say China is using the app to effect U.S. opinions.
As part of the new law, app stores from companies like Apple and Google would be forced to stop offering TikTok. Service providers would also not be able to supportthe app if it is not sold to a U.S.-approved company by Jan. 19. The law is structured so that the deadline could be extended by three months if there is progress in talks of a sale.
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