Published , by Ozzie Mejia
Published , by Ozzie Mejia
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.