TikTok and Bytedance Sue U.S. Government, Demand Overturn of 'Ban or Divest' Law

Reporters from "China Business Journal" learned that on May 7th local time, TikTok and ByteDance filed a lawsuit in U.S. federal court, seeking a ruling that the "Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act," which aims to ban TikTok, is unconstitutional and to prevent the enforcement of the law.

In the lawsuit, TikTok stated, "This is the first time in Congress's history that a law has been enacted to impose a permanent, nationwide ban on a specific speech platform." TikTok argued that the ban would clearly infringe on the First Amendment rights of 170 million Americans, and "undoubtedly, this act will force TikTok to shut down by January 19, 2025."

Source: USCA

TikTok further asserted that the ban is not based on compelling evidence but on speculation and concerns about data security and content manipulation, which can be resolved through measures like the "Texas Plan," which is already in progress.

Since March this year, the U.S. Congress has been rapidly advancing the TikTok ban bill under the pretext of "protecting national security." On April 24th, President Biden formally signed it into law. According to the new law, ByteDance, TikTok's parent company, must divest its U.S. business from the TikTok app within 270 days, or TikTok will face a complete ban in the U.S.

Source: USCA

TikTok and ByteDance claim that divesting the U.S. business is not feasible commercially, technically, or legally. The ban not only deprives the company of its right to equal protection but will also lead to the unlawful seizure of its private property.

This lawsuit is not TikTok's first against the U.S. government. In 2020, then-President Trump issued a ban against TikTok. TikTok, its employees, and creators each sued the U.S. government and won, leading to the court halting the ban.

The act has also sparked some controversy within the U.S. Organizations like the American Civil Liberties Union (ACLU) and the Electronic Frontier Foundation (EFF) have repeatedly issued statements condemning the act for violating the First Amendment and setting a precedent for the U.S. government to excessively control social media and free speech.

In early May, Utah Senator Mitt Romney declared in a conversation with Secretary of State Blinken, "We overwhelmingly support banning TikTok," claiming that there is too much Palestinian content on TikTok. This video sparked significant controversy on U.S. social media, garnering over 30,000 comments, mostly criticizing U.S. politicians for using "national security" as a pretext to ban the platform.

According to foreign media reports, a U.S. Department of Justice spokesperson declined to comment.