In conditions of increasing tension between the USA and China, the popular video exchange platform Tiktok has found itself at the center of a legislative debate. A recent bill passed by the House of Representatives presents Tiktok and its Chinese parent company, Bytedance, with a tough ultimatum: either sell the American segment of the platform or face a complete ban on operations in the United States. However, Tiktok seems to be planning a different course of action – suing the government. (source)
The proposed legislation requires Bytedance to sell Tiktok to a non-Chinese owner within six months, or else the app will cease to operate in the United States. China has voiced its opposition to the forced sale, indicating that the battle for the future of Tiktok may move to the courtrooms.
The crucial issue to be tackled by the judges would be balancing the national security concerns behind the ban with the freedom of speech rights of Tiktok and its users.
Historically, Congress has not taken such drastic actions against internet platforms that are utilized by millions of Americans for communication. Previous rulings acknowledged that banning Tiktok would infringe on users’ constitutional rights to freedom of expression in terms of content creation and consumption.
To justify limitations on freedom of speech, the government will likely need to demonstrate that less severe measures would be ineffective in curbing Chinese influence and safeguarding American interests. According to David Greene from the Electronic Frontier Foundation, the outcome will heavily rely on the government’s arguments in support of the legislation.
The question of the constitutionality of a potential Tiktok ban could potentially reach the Supreme Court. In the past, the court has upheld citizens’ right to access information, even if it involves foreign propaganda. Additionally, the court has permitted the closure of businesses suspected of illegal activities, dismissing claims of violation of freedom of expression.
As the bill undergoes further scrutiny, additional legal challenges may emerge in the Senate. Some lawmakers are worried that singling out Tiktok with specific legislation could be deemed unconstitutional, as the courts might view it as an attempt to penalize the company without due legal process.