TikTok and ByteDance argue that the law violates users' First Amendment rights.
TikTok and its Chinese parent company ByteDance filed a lawsuit against the federal government on Tuesday over the social media platform's potentially “unconstitutional” ban in the United States.
In the lawsuit, TikTok and ByteDance are under a law signed by President Joe Biden last month, which requires the company to sell its platform to a non-Chinese company within nine to 12 months or face a U.S. ban. (Naru) claims to be in violation of the user. First Amendment Rights.
“For the first time in history, Congress has made a single designated speech platform subject to a permanent, nationwide ban, restricting all Americans from participating in a unique online community of more than 1 billion people worldwide. “We have enacted a law prohibiting this,” the company said. said in a 65-page petition filed with the U.S. Court of Appeals for the District of Columbia Circuit.
Biden on April 24 signed legislation protecting Americans from regulatory applications by foreign adversaries, part of a massive $95 billion foreign aid package passed by Congress.
The White House did not immediately comment on the lawsuit.
The president and some congressional leaders have argued that the ultimatum against TikTok was necessary because of security concerns about ByteDance's ties to the Chinese government.
ByteDance disputed these claims in its lawsuit, arguing that there is no concrete evidence that the app poses a security risk.
“Congress itself has not presented anything to suggest that the TikTok platform poses any risks to data security or the spread of foreign propaganda that would conceivably justify this action,” the lawsuit states. mentioned in.
As the bill passed Congress, TikTok denounced the new efforts behind the sale in an earlier statement, saying at the time, “The House of Representatives is using the cover of critical foreign and humanitarian aid to again revise the bill. It's unfortunate that they're trying to block its passage.''This ban would trample on the free speech rights of 170 million Americans, destroy 7 million businesses, and contribute $24 billion a year to the American economy. The platform will be closed. ”
The lawsuit also claims that the window to sell the company is not “commercially, technically, or legally” possible.
According to court documents, ByteDance is asking the court to rule that the action is unconstitutional and to block Attorney General Merrick Garland from enforcing the constitution.
Some social media influencers, executives and other TikTok supporters criticized the app's ban in the United States, arguing that it would cost them a major platform for their businesses.
But an ABC News/Ipsos poll released Tuesday showed a majority of Americans support the ban.
According to the poll, about 53% of Americans support a ban if TikTok is not sold to a non-Chinese company, while 44% oppose a ban.
Roughly 51% of Americans say the U.S. government should force a sale of TikTok, while 46% say it shouldn't, according to the poll.
ByteDance filed a lawsuit against the state of Montana in May 2023, alleging that the state violated its First Amendment rights when it enacted a similar ban. In November, a federal judge ruled in favor of TikTok, blocking the law before it took effect.