TikTok and its Chinese parent company ByteDance have filed a lawsuit against the United States government over a recently passed law that would ban the popular video-sharing app unless it is sold to another company.
The lawsuit, filed on Tuesday, could potentially lead to a lengthy legal battle over the future of TikTok in the U.S.
The law in question, known as The Protecting Americans From Foreign Adversary Controlled Applications Act, was signed by President Joe Biden as part of a larger $95 billion foreign aid package. TikTok and ByteDance argue that the law is “obviously unconstitutional” and that its sponsors are trying to portray it as a regulation of TikTok’s ownership rather than an outright ban.
In the lawsuit, ByteDance states that Congress has taken the unprecedented step of singling out and banning TikTok, which is used by 170 million Americans to create, share, and view videos online. The company argues that this is the first time in history that Congress has enacted a law subjecting a single, named speech platform to a permanent, nationwide ban, preventing every American from participating in a unique online community with more than 1 billion people worldwide.
Under the new law, ByteDance is required to sell TikTok within nine months, with an additional three months granted if a sale is already in progress. However, ByteDance has stated that it doesn’t have any plans to sell TikTok and would need approval from Beijing, which has previously opposed a forced sale of the platform.
TikTok and ByteDance argue that they are not being given a real choice, stating that the “qualified divestiture” demanded by the Act to allow TikTok to continue operating in the United States is not possible commercially, technologically, or legally. If the law is enforced, TikTok will be forced to shut down by January 19, 2025.
The lawsuit also claims that TikTok and ByteDance should be protected by the First Amendment’s guarantee of freedom of expression.
They are seeking a declaratory judgment that the Act violates the U.S. Constitution, an order enjoining the Attorney General from enforcing the Act, and any further relief that the court may deem appropriate.
This legal battle is unfolding against the backdrop of increasingly tense U.S.-China relations, particularly in areas such as advanced technologies and data security, which are seen as crucial to each country’s economic strength and national security.
The Associated Press contributed to this article.