TikTok sued the U.S. government Tuesday, arguing that a looming ban on the social media company is unconstitutional.
The case raises questions about the dangers of social media, national security concerns over China’s exploitation of the platform, First Amendment rights and the extent of congressional power.
TikTok urged judges to focus on free speech claims, saying it’s not the company but its users who are being silenced by the pending ban.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide,” the company said in the 70-page complaint, filed in the federal appeals court in Washington, D.C.
TikTok and ByteDance, the platform’s corporate owner, said Congress gave them an impossible choice: Sell the company or close shop within about a year.
The lawsuit had been expected since President Biden last month signed a foreign aid spending bill that included the ban, officially known as the Protecting Americans from Foreign Adversary Controlled Applications Act.
TikTok‘s critics, including U.S. defense and intelligence community officials, say the platform is part of a Chinese scheme to interfere in U.S. politics, that it’s being used as a method to collect troves of information on American users and that the app lets Chinese operatives install nefarious software on devices.
TikTok is already banned on government agency devices under a previous law, with backers citing the national security worries.
The ban is generally popular with Americans.
An ABC News/Ipsos poll released Tuesday found 51% backed the idea of forcing TikTok to be sold to a non-Chinese company, with 46% opposed. If ByteDance doesn’t sell, 53% said they backed a ban on its use.
TikTok, in its lawsuit, said letting Congress ban use of a platform over national security concerns would be setting a dangerous precedent that could lead to orders shutting down a newspaper or website the government disagreed with.
• Stephen Dinan can be reached at sdinan@washingtontimes.com.