TikTok sues U.S. government, saying potential ban violates First Amendment
The company argues that invoking national security concerns isn't a sufficient reason to restrict free speech.
TikTok is suing the U.S. government to stop enforcement of a bill passed last month that seeks to force the app’s Chinese owner to sell the app or have it banned.
The lawsuit, filed Tuesday in the U.S. Circuit Court of Appeals for Washington, D.C., argues that the bill, the Protecting Americans from Foreign Adversary Controlled Applications Act, violates constitutional protections of free speech.
The suit calls the law an “unprecedented violation” of the First Amendment.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban,” TikTok wrote in the lawsuit, “and bars every American from participating in a unique online community with more than 1 billion people worldwide.”
The company argues that invoking national security concerns is not a sufficient reason for restricting free speech, and that the burden is on the federal government to prove that this restriction is warranted. It has not met that burden, the lawsuit stated.
https://www.nbcnews.com/tech/tech-news/tiktok-sues-us-government-says-ban-violates-first-amendment-rcna151059
If the courts want to uphold the Constitution then this law will never go into effect, but we'll see if the First Amendment is a dead letter in the face of anti-China hysteria.
To the people on this forum who are feverishly cheering for the ban:
-Again, all of the viral content you object to is created by users and made popular because other users engage with it. You're now arguing directly for government censorship of your fellow citizens.
-To the people arguing that TikTok can be regulated and foreign ownership banned because it's like a public utility, well then where's this level of regulation on Meta's many services and Google? Why are they allowed to do whatever they want with basically zero liability?
-I'm well aware that since 2001, "national security" is a magic word to the courts that says they have to let the government do whatever it wants. This case may end up like that. But you think it's a good thing now? You're really in favor of the security state, the FBI, NSA, DHS expanding its authority to take away your freedoms? What's next, will this forum cheer for the Mark Warner bill that would make VPN use punishable by 20 years in prison?
-I get that you hate China with every fiber of your being and wish for China to be wiped off the face of the earth, but you're OK with abandoning your principles in the name of that? Is your only principle now "China bad"?