TikTok, ByteDance Sue US Over Biden Administration's 'Unconstitutional' TikTok Ban Law

By John Lopez

May 07, 2024 03:58 PM EDT

TikTok and its parent company ByteDance have taken legal action against the US government over a law signed by President Joe Biden. This law could potentially lead to a nationwide ban on the popular short video app.

The lawsuit, filed in the Court of Appeals for the District of Columbia, argues that the law is unconstitutional and infringes on free speech protections.

TikTok Sues US Government Over Potential Ban

The law, signed by President Biden on April 24 as part of a broader foreign aid package, requires ByteDance to sell TikTok to an approved buyer by January 19, 2025. Failure to do so would result in TikTok's ban from US app stores and internet hosting services.

TikTok's lawsuit stresses the significant stakes involved in this legal battle. It questions whether US security concerns about TikTok's Chinese links outweigh the First Amendment rights of its 170 million US users. TikTok argues that the law stifles Americans' speech and prevents access to lawful information.

Meanwhile, the Federal Trade Commission (FTC) has reportedly launched an investigation into the social media platform's long-discussed data and security practices.

House To Vote On Bill That Would Ban TikTok In U.S. Unless Its Chinese Owner ByteDance Sells — WASHINGTON, DC - MARCH 13: Participants hold signs in support of TikTok outside the U.S. Capitol Building on March 13, 2024 in Washington, DC. The House of Representatives will vote Wednesday on whether to ban TikTok in the United States due to concerns over personal privacy and national security unless the Chinese-owned parent company ByteDance sells the popular video app within the next six months.
(Photo : Photo by Anna Moneymaker/Getty Images)

TikTok, ByteDance Sue Biden Over Ban Law, Citing Unconstitutionality

The petition filed by TikTok also challenges the constitutionality of the TikTok divest-or-ban law. TikTok asserts that Congress has never before passed a law that singles out and bans a specific speech platform. They claim that divesting its US operations within the law's timeline is impossible.

ByteDance also recently stated that if the company runs out of legal options to combat the legislation prohibiting the platform from being sold in app stores in the United States, it may consider shutting down its app instead.

Additionally, TikTok argues that Congress failed to provide evidence to support the need for the ban and disregarded a negotiated agreement developed with the Committee on Foreign Investment in the United States (CFIUS).

TikTok's legal challenge against the Biden administration's TikTok ban law raises fundamental questions about free speech, national security, and governmental overreach.