How TikTok’s Chinese parent company will rely on an American right to keep the app alive
CNN
TikTok’s expected legal challenge to a law signed Wednesday by President Joe Biden forcing the popular app’s parent company to spin off its US operations could be a seminal moment in First Amendment law in what is shaping up to be a year of defining cases.
TikTok’s expected legal challenge to a law signed Wednesday by President Joe Biden forcing the popular app’s parent company to spin off its US operations could be a seminal moment in First Amendment law in what is shaping up to be a year of defining cases. The new law gives TikTok’s parent company ByteDance nine months to sell the short-form video app or face a ban in the US, where it claims some 170 million users and has raised national security concerns over its ability to potentially gather data on and influence Americans. But in an ironic twist, ByteDance, which is based in China where the ruling Communist Party has cracked down on free speech and dissent, will be relying on this very American right to protect its business interest. “We are confident and we will keep fighting for your rights in the courts. The facts and the Constitution are on our side and we expect to prevail,” TikTok chief executive Shou Chew said in a video posted on the app in response to the new law. In recent months, the company has foreshowed it plans to challenge the law on First Amendment grounds. In the run up to the law’s passage, TikTok encouraged its millions of users to call members of Congress to protest the bill, arguing it would infringe on “their Constitutional right to free expression.” Last year, a federal judge halted a first-of-its-kind statewide ban on TikTok in Montana, stating the law had “both harmed [TikTok’s] First Amendment rights and cut off a stream of income on which many rely.”