TikTok Challenges U.S. Ban, Citing First Amendment

TikTok has filed a lawsuit against the United States challenging a new law that requires its Chinese owner, ByteDance, to sell the app or face a ban. The company argues that the law, signed by President Joe Biden, violates the First Amendment and imposes an unrealistic timeline for a potential sale.

The law, which was signed last month, requires ByteDance to sell TikTok within nine months or face a shutdown by January 19, 2025. TikTok claims that this timeline is “simply not possible” and would effectively silence the 170 million Americans who use the platform for communication.

TikTok argues that even if ByteDance could divest from the app, the law still represents an “extraordinary and unconstitutional assertion of power” that denies the company equal protection under U.S. law. The company also claims that it would be “impossible” to move the app’s code to a new owner, as it would take years for new engineers to become familiar enough with the code to maintain and develop the app.

This legal challenge follows similar actions by TikTok in the past. Last year, the company sued Montana over a ban on the app, arguing that it violated the First Amendment. A federal judge blocked Montana’s ban, ruling that it targeted China’s role in TikTok more than it aimed to protect users.

TikTok has faced scrutiny from U.S. lawmakers over national security concerns due to its ties to the Chinese government. In 2022, Congress banned the app from federal devices, and several states have issued similar bans.

The company also successfully challenged former President Donald Trump’s attempt to force a sale of TikTok through an executive order in 2020. A judge ruled that the order was likely unconstitutional and would shut down a platform used by about 700 million individuals globally for expressive activity.