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TikTok sues over proposed ban by U.S. government

TikTok is suing the American government over a proposed nationwide ban, alleging violation of the company's First Amendment rights.

Ozzie Mejia

May 7, 2024 2:40 PM

TikTok

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As part of the most recent foreign aid package for Israel and Ukraine, Congress snuck in a provision that would also call for an outright ban for TikTok unless it divests from Chinese parent company ByteDance. Facing the prospect of a nationwide ban, TikTok has responded by taking the U.S. government to court, citing violations of the company's First Amendment free speech protections.

"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," reads the TikTok statement (via CNBC).

TikTok has argued that the federal government must prove that there is sufficient reasoning for restricting the free speech that the app provides for the company and its user base, arguing that nebulous national security reasonings without evidence are not enough. Furthermore, the company has argued violation of the Fifth Amendment, noting that the company was denied due process. President Joe Biden signed the foreign aid package, which includes the TikTok ban, into law on April 24, requiring ByteDance to divest from the company or face the nationwide ban. However, the countdown to any enforceable ban is on hold while this lawsuit is active.

TikTok has already faced bans in several states. Montana, for example, has banned the app outright for all residents. TikTok's lawsuit is being presented to the D.C. Circuit Court.

Ozzie Mejia

Senior Editor

Ozzie has been playing video games since picking up his first NES controller at age 5. He has been into games ever since, only briefly stepping away during his college years. But he was pulled back in after spending years in QA circles for both THQ and Activision, mostly spending time helping to push forward the Guitar Hero series at its peak. Ozzie has become a big fan of platformers, puzzle games, shooters, and RPGs, just to name a few genres, but he’s also a huge sucker for anything with a good, compelling narrative behind it. Because what are video games if you can't enjoy a good story with a fresh Cherry Coke?