President Joe Biden officially signed legislation on Wednesday that forces TikTok’s parent company to sell the video-sharing platform or cease operating in the United States.
However, the newly enacted law may face challenges in court, as critics argue that it violates the First Amendment rights of TikTok users. ByteDance, the app’s China-based owner, has already vowed to sue, calling the measure unconstitutional.
Opponents of the law, including advocacy organizations like the American Civil Liberties Union (ACLU), maintain that the government hasn’t provided sufficient justification for banning TikTok. However, the success of a court challenge is not guaranteed, as national-security claims could still prevail.
For years, lawmakers from both parties have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or influence Americans by suppressing or promoting certain content on TikTok.
TikTok maintains that it hasn’t given Americans’ data to Beijing officials and that it wouldn’t do so even if asked.
Legal experts stress that if the law is upheld, it could set a precedent with wider ramifications for digital media in the U.S. The central question is whether a TikTok ban would violate the First Amendment rights of the platform’s 170 million U.S. users.
Patrick Toomey, deputy director of the ACLU’s National Security Project, argues that a ban would “stifle free expression and restrict public access” to a platform that has become a crucial source for information sharing.
ByteDance’s legal challenge is expected to focus primarily on whether a ban infringes on broader free-speech rights. TikTok CEO Shou Chew expressed confidence in the company’s ability to prevail in court, stating that “the facts and the Constitution are on our side.”
The government is likely to respond to the challenge with national-security claims, which were prominently cited as the legislation made its way through Congress. While Toomey maintains that the government hasn’t met the high bar required to prove imminent national-security risks, other legal experts note that national-security arguments could still carry the day.
If the law is upheld, there could be repercussions beyond TikTok in the future. The measure was passed as part of a larger package that also includes a provision making it illegal for data brokers to sell or rent sensitive personal data to North Korea, China, Russia, Iran, or entities in those countries. This provision has also faced pushback, with concerns that it could sweep in journalists and others who publish personal information.
The Associated Press contributed to this article.