TikTok Sues U.S. Government, Claims Newly Signed Law Banning App Violates First Amendment

TikTok Sues U.S. Government, Claims Newly Signed Law Banning App Violates First Amendment

Looks like TikTok isn’t leaving America without a fight.

The Chinese-owned social media app recently filed a lawsuit against the U.S. government in hopes of blocking a newly signed bill that seeks to have it banned across the country.

As we recently covered, President Joe Biden officially passed a piece of legislation last month that requires TikTok to either sell to an American-approved company by January 2025 or face a nationwide ban. In response, TikTok’s CEO made it clear that the company plans to fight the bill, which they officially did earlier today (Tuesday, May 6th).  The company, owned by China-based parent organization ByteDance, argued in a new lawsuit that the ban violates American’s First Amendment rights as it “stifles their speech and prevents them from accessing lawful information.”

TikTok reportedly added in the suit:

“[The US government] has taken the unprecedented step of expressly singling out and banning [TikTok]…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 1 billion people worldwide.”

US government officials have been lobbying for a ban on the app for a few years. They argue that the social media platform being a Chinese-owned entity could potentially expose Americans’ personal information to the Chinese government. Prior to the end of his first presidential term, current presidential nominee Donald Trump was also vocal about his support for banning the app, a vow his political successor has now carried out.

One report notes that TikTok’s lawsuit, filed with the D.C. Circuit Court, gives the company its best chance to block the bill as the court has jurisdiction over “a wide range of federal law, like the Protecting Americans from Foreign Adversary Controlled Applications Act.” It has not been reported that the U.S. has responded to the suit in court at this time.


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Authored by: Kay Johnson