TikTok Argues US Sale-or-Ban Law is Unconstitutional

As part of its ongoing legal challenge to the U.S. Government’s “Foreign Adversary Controlled Applications Act”, TikTok is arguing in federal court proceedings that the act violates freedom of speech. It also claims that the act’s stated terms for a sale of the platform to US ownership are unworkable.

The act, if enforced, would require TikTok to be sold to U.S. ownership or face a nationwide ban by January 19, 2025.

TikTok’s legal team argues that the Act is based on speculative threats rather than concrete evidence, and that it violates First Amendment rights. TikTok’s brief emphasizes that the platform serves 170 million Americans, who form a vital part of its global community of over 1 billion users.

The app’s legal challenge highlights concerns that the ban would silence a significant amount of speech, with TikTok’s legal team stating, “never before has Congress silenced so much speech in a single act.”

TikTok argues that the Act unfairly targets the app for potential future misuse, rather than documented prior abuses.

It raises questions about the justification and evidence behind the Act, with calls for transparency around the cybersecurity briefings that influenced the legislative vote.

A significant point in TikTok’s motion is its claim that selling the app within the Act’s 270-day timeline is not viable “technologically, commercially, or legally.” Even if sold, TikTok argues it wouldn’t include its unique algorithm, which is key to its content tailoring. Without its influential algorithm, it’s highly unlikely the platform would retain its current level of popularity.

The Federal Court will now decide on the outcome of TikTok’s complaint. If it fails, TikTok will need to follow through with the steps required to comply with the Act.