The app’s China-based owner, ByteDance, has already promised to sue, calling the measure unconstitutional
People gather in Washington to oppose the ban on TikTok. File pic/X
Legislation forcing TikTok’s parent company to sell the video-sharing platform or face a ban in the US received President Joe Biden’s official signoff on Wednesday. But the newly minted law could be in for an uphill battle in court. Critics of the sell-or-be-banned ultimatum argue it violates TikTok users’ First Amendment rights. The app’s China-based owner, ByteDance, has already promised to sue, calling the measure unconstitutional.
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But a court challenge’s success is not is not guaranteed. The law’s opponents, which include advocacy organisations like the American Civil Liberties Union, maintain that the government hasn’t come close to justifying banning TikTok, while others say national-security claims could still prevail.
For years, lawmakers on both sides of the aisle have expressed concerns that Chinese authorities could force ByteDance to hand over US user data, or influence Americans by suppressing or promoting certain content on TikTok. The US has yet to provide evidence to support those claims, but legal experts note that political pressures have piled up regardless.
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