Foto: Dan Kitwood / Getty Images News / Getty Images
TikTok and its parent company, ByteDance, have filed a lawsuit against the U.S. government, challenging a bill that could lead to the app's ban or forced sale. The lawsuit, filed in the U.S. Court of Appeals for the D.C. Circuit, argues that the Protecting Americans from Foreign Adversary Controlled Applications Act infringes on constitutional free speech protections.
The law, signed by President Joe Biden last month, is described by TikTok as an 'unprecedented violation' of the First Amendment. The company argues that the federal government has not provided sufficient evidence to justify the restriction on free speech based on national security concerns.
The legislation requires ByteDance to sell TikTok within nine months, with an additional three months granted if a sale is already in progress. However, TikTok and ByteDance argue that such a divestiture is not commercially, technologically, or legally feasible, especially within the law's 270-day timeframe.
The lawsuit also claims that the law violates the Fifth Amendment's due process rights and constitutes an unconstitutional bill of attainder, which declares a party guilty of a crime and imposes punishment without a trial.
The legal challenge is expected to prolong the timeline for a potential ban or sale of the app, which has been a multiyear effort by the U.S. government. Both the Trump and Biden administrations have sought to regulate the popular video-sharing app, citing concerns over data collection, security practices, and the app's video recommendation algorithm.
The lawsuit's outcome could have significant implications for other platforms and publishers, as it could set a precedent for the federal government to invoke national security to force a sale or shutdown.