TikTok challenges US ban by pointing to lawmakers’ secrecy, lack of evidence

TikTok owner ByteDance says a ban would infringe of free speech rights of 170 million users, but courts may defer to lawmakers on national security questions

Reading Time:4 minutes

Published: 6:52pm, 18 Jun 2024

US lawmakers raced to pass a TikTok ban following a series of briefings that remain classified. Now, the app’s Chinese owner is seizing on that secrecy in its high-stakes bid to overturn the new law.

By June 20, ByteDance must lay out its reasons for bringing the lawsuit. One of its main arguments is that Congress never provided public proof of a national security threat to justify a ban that the Beijing-based company says would infringe the free-speech rights of TikTok’s 170 million US users.

Calling the risks cited by lawmakers “hypothetical”, ByteDance said in its initial filing last month “those speculative concerns fall far short of what is required when First Amendment rights are at stake”. The case could make its way to the Supreme Court, which has traditionally favoured free-speech arguments.

ByteDance’s challenge poses a test of whether US agencies will divulge secrets shared with Congress to defend the new law, which calls for banning TikTok unless it’s sold. The company is bracing for a fight, with TikTok chief executive officer Shou Chew promising users that “we’re not going anywhere”.

Giovanna Gonzalez of Chicago demonstrates outside the US Capitol following a press conference by TikTok creators to voice their opposition to the “Protecting Americans from Foreign Adversary Controlled Applications Act” in Washington on March 12, 2024. Photo: Reuters

US Senator Richard Blumenthal disputed the company’s contention, saying the burden of proof falls to TikTok. “They’re asking to invalidate an act of Congress, acts of Congress are presumed valid,” Blumenthal, a former US attorney, said in an interview.