Iruni Kalupahana JadeTimes Staff
I. Kalupahana is a Jadetimes news reporter covering Technology
TikTok's Legal Battle Over U.S. Law
TikTok and its parent company, ByteDance, have been in a legal tussle over a US law that could force the company to sell the app's US operations or get completely banned by January 19th, 2024. The company insists that the law unfairly targets TikTok and is in violation of the free speech rights of its 170 million American users. TikTok's counsel, Andrew Pincus, told the court that the law enforces an "extraordinary speech prohibition based on indeterminate future risks." He added that the U.S. government has failed to prove any bad acts by TikTok, making this law an unprecedented move against a single platform. The lawsuit aims to block the law from taking effect, with TikTok and allies arguing it would have a "staggering" impact on free expression in the United States.
U.S. National Security Concerns
But the US government has nonetheless held fast to its view that TikTok presents a critical national security threat simply because it is part of China. Lawmakers say ByteDance, which owns TikTok, could be forced to hand over precious data on US users to China's government. These include sensitive personal information like exact locations, viewing history, and private messages. The Justice Department also was concerned that the algorithm that determines what videos TikTok users will see is developed and maintained by ByteDance engineers in China. That has raised concerns about the Chinese government manipulating what Americans see to shape public opinion and propagate propaganda surreptitiously. The government's case largely hinges on potential future harms caused by ByteDance's ties to China.
Constitutional Debate on Free Speech
Lawyers for TikTok, along with a coalition of creators, have framed the case in terms of constitutional rights, notably free speech, and contend the law infringes the First Amendment because it prevents American users from free expression on a platform of their choice. Jeffrey Fisher, arguing for TikTok creators, emphasized that the law prohibits users from working with the publisher or editor of their choice in this case, which is TikTok. Those opposing the law also express apprehension that if upheld, it would create a dangerous precedent internationally. They are concerned that authoritarian regimes might look to the ruling as legal cover for imposing similar restrictions on free access by their citizens to global platforms and to the no holds barred exchange of ideas.
The Path Ahead for TikTok
The legal outcome is not yet sure, and the stakes are still high. ByteDance has until January 19, 2024, to divest TikTok's U.S. assets or to face a nation wide ban. Experts said the case may be ultimately decided by the U.S. Supreme Court, because both sides have compelling arguments when it comes to national security and free speech. The law passed Congress on a nonpartisan vote, was signed into law this April by President Biden. And even though the Biden administration is supporting this current proposal, which would in all ways and intents remove TikTok from Chinese ownership, they have not publicly sought to ban it. With the litigation process underway, TikTok and the U.S. government have jointly asked for a ruling by December 2023 to allow time for an appeal to the Supreme Court ahead of any ban. The case may have much wider ramifications possible implications for how foreign owned apps are regulated in the future.
