TikTok Will File Court Challenge to U.S. Divest-or-Ban Law, CEO Says: ‘The Facts and the Constitution Are on Our Side’
As expected, TikTok said it will file a lawsuit seeking to block the U.S.’s legislation — signed into law Wednesday by President Biden — that will ban the app unless its Chinese parent company divests its ownership stake.
In a video on TikTok, CEO Shou Zi Chew responded to the Senate’s passage of the bill Tuesday, as part of a package of foreign aid. He said TikTok will “keep fighting for your rights in the courts” and reiterated his allegation that the new law is an attempt by U.S. lawmakers to ban the app.
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“Make no mistake, this is a ban. A ban on TikTok and a ban on you and your voice,” Chew said.
“It’s obviously a disappointing moment but it does not need to be a defining one, ” he continued. “It’s actually ironic, because the freedom of expression on TikTok reflects the same American values that make the United States a beacon of freedom.”
“Rest assured, we aren’t going anywhere,” Chew said. “The facts and the Constitution are on our side, and we expect to prevail again.” He added, “While we make our case in court, you’ll still be able to enjoy TikTok like you always have.”
TikTok has won legal victories challenging other laws in the U.S. seeking to ban the app on First Amendment grounds. Last December, a federal judge blocked Montana’s first-of-its-kind statewide ban of TikTok, ruling that the law likely violated the First Amendment. An attempt by the Trump administration to force ByteDance to sell TikTok or face a ban also was found unconstitutional by federal courts on First Amendment grounds.
TikTok said in a statement Wednesday, “This unconstitutional law is a TikTok ban, and we will challenge it in court. We believe the facts and the law are clearly on our side, and we will ultimately prevail. The fact is, we have invested billions of dollars to keep U.S. data safe and our platform free from outside influence and manipulation. This ban would devastate seven million businesses and silence 170 million Americans. As we continue to challenge this unconstitutional ban, we will continue investing and innovating to ensure TikTok remains a space where Americans of all walks of life can safely come to share their experiences, find joy and be inspired.”
Under the new law, ByteDance will have nine months to sell its stake in TikTok — and if it doesn’t, U.S.-based app stores and hosting services will be prohibited from distributing the app. The law also gives Biden leeway to extend the divestiture deadline by 90 days if he deems that a legitimate sale is in process.
The House of Representatives in March passed an earlier version of the divest-or-ban bill, with a six-month sales deadline. That was revised with the extended divestiture deadline, and House Speaker Mike Johnson put it on a fast-track by bundling it with the emergency foreign-aid legislation to Ukraine, Israel and Taiwan (adding the TikTok ban to win support from GOP politicians).
Efforts to wrest TikTok from the control of Beijing-based ByteDance go back to the Trump administration. The concern among many U.S. lawmakers — both Democrats and Republicans — is that because ByteDance is a Chinese company, the People’s Republic of China could seek to use TikTok to spy on Americans or force the app to spread pro-China propaganda. TikTok has repeatedly denied that Chinese authorities have requested access to TikTok data and says it would deny any such request if it were made.
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