TikTok and ByteDance Challenge April US Law Threatening Ban, Citing First Amendment Violations

Jun 20, 2024, 11:45 PM

TikTok has filed a legal challenge against a new U.S. law that could lead to a ban of the app unless its China-based parent company ByteDance divests from the platform. The law, signed by President Joe Biden in April, is being contested by TikTok on grounds of unconstitutionality and violation of free speech under the First Amendment. TikTok argues that the U.S. government did not adequately consider less restrictive alternatives to address national security concerns. The company disclosed details of confidential negotiations with federal officials and a proposed draft agreement that it claims would have mitigated these concerns. TikTok's legal filings also accuse the Biden administration of engaging in 'political demagoguery' and assert that the law sets a dangerous precedent for targeting specific speech platforms. The case, involving TikTok's 170 million users, is expected to be a significant legal battle in tech and internet history. Kevin Mayer, founder of Candle Media, noted that if TikTok is banned, YouTube would likely be the biggest beneficiary. The legal challenge is backed by Big Law in the federal appeals court.