TikTok has taken legal action against the United States in response to a newly passed bill that mandates ByteDance to divest its ownership in TikTok, or risk being prohibited from operating in the country. The company claims that the legislation is in violation of the Constitution.
On April 24, 2024, President Joe Biden signed a bill into law that mandated the sale of TikTok’s parent company ByteDance’s shares within nine months. Failure to comply would result in the removal of the company from mobile app stores in the US.
Upon hearing news of the signed legislation, TikTok’s CEO Shou Zi Chew promptly released a statement expressing concern that the potential ban could violate the freedom of speech of citizens. The company also announced its intention to challenge the law in court.
On May 7, 2024, ByteDance shared its complaint about the “unconstitutional”bill on its blog, achieving exactly that.
“Congress has made the unprecedented decision to specifically target and prohibit TikTok: a dynamic online platform that allows 170 million Americans to engage in protected speech and expression by creating, sharing, and viewing videos on the Internet,”the statement says.
The Protecting Americans From Foreign Adversary Controlled Applications Act (the “Act”) was deemed unconstitutional. The bill’s sponsors argued that the act is not a ban since it allows ByteDance the opportunity to sell their shares.
The company maintains that it is not possible to pursue the “qualified divestiture”demanded by the Act in order for TikTok to continue its operations in the United States. According to the company, this is due to commercial, technological, and legal limitations, and the 270-day timeline required by the Act is also not feasible.
“Without a doubt, the Act will result in a shutdown of TikTok by January 19, 2025, effectively silencing the 170 million Americans who rely on the platform for unique forms of communication.”
ByteDance further elaborates that the prohibition of TikTok is in violation of the US Constitution’s First Amendment, which guarantees the freedom of speech and assembly within the country.
ByteDance is required to sell its shares in TikTok within 270 days, but the lawsuit may hinder this process. In 2023, Montana attempted to prohibit the use of the short-form video app in the state, but a legal action taken by ByteDance has resulted in a delay in the court proceedings.
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