TikTok just lodged a lawsuit against the U.S. government, challenging a recent bill that could force its Chinese owner to sell the app or face a nationwide ban. Filed in the U.S. Court of Appeals for the D.C. Circuit today (May 7), the legal case argued that the Protecting Americans from Foreign Adversary Controlled Applications Act infringes on constitutional free speech rights.
According to the suit, the law is an “unprecedented violation” of the First Amendment. TikTok contended, “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.”
John Moolenaar, chairman of the House Select Committee on the Chinese Communist Party, defended the legislation. He stated, “Congress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people. It is telling that TikTok would rather spend its time, money, and effort fighting in court than solving the problem by breaking up with the CCP. I’m confident that our legislation will be upheld.”
The suit followed President Joe Biden’s signing of the bill on April 24. With legal proceedings underway, the app’s potential ban or forced sale could now be delayed for years. Initially, TikTok, owned by ByteDance, was given until mid-January 2025 to divest from its Chinese parent company.
“You’ll still be able to enjoy TikTok like you always have. If you have a story about how [the app] impacts your life, we would love for you to share it to showcase exactly what we’re fighting for,” the platform’s CEO, Shou Chew, declared last month. “We are confident, and we will keep fighting for your rights in the courts.”
TikTok’s case against the U.S. government was announced a week after the social network confirmed its new licensing agreement with Universal Music Group.
