TikTok Sues U.S. Government Over Bill Requiring Sale

TikTok parent company ByteDance today filed a lawsuit against the U.S. government in an effort to put a stop to the bill requiring TikTok to be sold off to a non-Chinese company in a matter of months, or face a U.S. ban.

tiktok logo
The Protecting Americans from Foreign Adversary Controlled Applications Act that passed in April requires ByteDance to divest its TikTok ownership within nine months, with the possibility of a three-month extension if a deal is in progress. If TikTok is not sold off, the bill will prevent app stores and companies in the U.S. from providing the TikTok app to users. As of now, TikTok will be forced to shut down on January 19, 2025.

ByteDance calls the act "obviously unconstitutional," and says that there is no path for TikTok to continue operating in the United States. The 270-day timeline is "not possible," and even if it were, the company claims that the act is still an "extraordinary and unconstitutional assertion of power."

If upheld, it would allow the government to decide that a company may no longer own and publish the innovative and unique speech platform it created. If Congress can do this, it can circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down. And for TikTok, any such divestiture would disconnect Americans from the rest of the global community on a platform devoted to shared content -- an outcome fundamentally at odds with the Constitution's commitment to both free speech and individual liberty.

The lawsuit argues that the act violates the First Amendment, and it claims that "speculative and analytically flawed" concern over security and content manipulation is an insufficient reason for limiting the free speech of TikTok's 170 million U.S. users.

ByteDance says that a U.S. TikTok platform would not be commercially viable because it would limit the pool of content, undermining "the value and viability of the U.S. TikTok business." ByteDance also claims that it would be technologically impossible to give the TikTok source code to a new owner because it would take years for new engineers to become familiar enough with the code to perform routine maintenance, plus the code would need to be rearchitected not to use ByteDance's software tools, which cannot be done in 270 days.

The Chinese government has said that it will "firmly oppose" any effort to sell TikTok to a U.S. company, and China would need to approve a sale. China has no intention of allowing the TikTok recommendation engine to be divested. ByteDance has already moved U.S. data to servers owned by Oracle, but U.S. lawmakers do not feel that is enough to protect users.

There are few U.S. companies that could afford to purchase TikTok, and the tech giants that could buy it would likely be restricted from doing so due to antitrust concerns.

ByteDance is asking the court to issue a declaratory judgment that the act violates the U.S. Constitution, preventing the U.S. Attorney General from enforcing it.

Note: Due to the political or social nature of the discussion regarding this topic, the discussion thread is located in our Political News forum. All forum members and site visitors are welcome to read and follow the thread, but posting is limited to forum members with at least 100 posts.

Tag: TikTok

Popular Stories

Generic iOS 18

Apple Announces iOS 18.2 Launching Today With These New Features

Wednesday December 11, 2024 5:23 am PST by
Apple has announced that iOS 18.2, iPadOS 18.2, and macOS Sequoia 15.2 will be released today following more than six weeks of beta testing. For the iPhone 15 Pro and iPhone 16 models, the update introduces additional Apple Intelligence features, including Genmoji for creating custom emoji, Image Playground and Image Wand for generating images, and ChatGPT integration for Siri. There is also ...
Generic iOS 18

Apple Seeds Second Release Candidate Versions of iOS 18.2 and More With Genmoji, Image Playground and ChatGPT Integration

Monday December 9, 2024 10:06 am PST by
Apple today seeded the second release candidate versions of upcoming iOS 18.2, iPadOS 18.2, and macOS 15.2 updates to developers and public beta testers for testing purposes, a week after releasing the first RCs. The first iOS 18.2 RC had a build number of 22C150, while the second RC's build number is 22C151. Release candidates represent the final version of beta software that's expected to see a ...
iPhone SE 4 Single Camera Thumb 3

iPhone SE 4 Said to Feature 48MP Rear Lens, 12MP TrueDepth Camera

Monday December 9, 2024 4:48 am PST by
Apple's forthcoming iPhone SE 4 will feature a single 48-megapixel rear camera and a 12-megapixel TrueDepth camera on the front, according to details revealed in a new Korean supply chain report. ET News reports that Korea-based LG Innotek is the main supplier of the front and rear camera modules for the more budget-friendly ~$400 device, which is expected to launch in the first quarter of...
Apple MacBook Pro M4 hero

MacBook Pros With OLED Displays Won't Have a Notch, Roadmap Shows

Monday December 9, 2024 7:36 am PST by
Apple plans to remove the notch from the MacBook Pro in a few years from now, according to a roadmap shared by research firm Omdia. The roadmap shows that 14-inch and 16-inch MacBook Pro models released in 2026 will have a hole-punch camera at the top of the display, instead of a notch. It is unclear if there would simply be a pinhole in the display, or if Apple would expand the iPhone's...
vipps nfc tap to pay iphone

World's First Apple Pay Alternative for iPhone Launches in Norway

Monday December 9, 2024 1:28 am PST by
Norwegian payment service Vipps has become the world's first company to launch a competing tap-to-pay solution to Apple Pay on iPhone, following Apple's agreement with European regulators to open up its NFC technology to third parties. Starting December 9, Vipps users in Norway can make contactless payments in stores using their iPhones. The service initially supports customers of SpareBank...
New Things Your iPhone Can Do in iOS 18

20 New Things Your iPhone Can Do in iOS 18.2

Friday December 6, 2024 4:42 am PST by
Apple is set to release iOS 18.2 in the second week of December, bringing the second round of Apple Intelligence features to iPhone 15 Pro and iPhone 16 models. This update brings several major advancements to Apple's AI integration, including completely new image generation tools and a range of Visual Intelligence-based enhancements. There are a handful of new non-AI related feature controls...
Apple Watch Series 10 lineup 240909 feature

Apple Watch Could Get Blood Pressure Monitoring in 2025

Tuesday December 10, 2024 11:51 am PST by
Apple is ramping up work on a blood pressure monitoring feature for the Apple Watch and it could be ready as soon as 2025, reports Bloomberg's Mark Gurman. Blood pressure monitoring is a health addition that Apple has been working on for the last several years, and based on rumors, Apple wanted to debut it in 2024. The feature would not provide exact systolic and diastolic blood pressure...
macOS Sequoia Night Feature

Apple Releases macOS Sequoia 15.2 With New Apple Intelligence Features

Wednesday December 11, 2024 10:02 am PST by
Apple today released macOS Sequoia 15.2, the second update to the macOS Sequoia operating system that was released in September. macOS Sequoia 15.2 comes over a month after the release of macOS Sequoia 15.1. Mac users can download the ‌macOS Sequoia‌ update through the Software Update section of System Settings. macOS Sequoia 15.2 adds Image Playground, an app that lets you create...

Top Rated Comments

clayj Avatar
8 months ago
ByteDance can self-fornicate. We are under no obligation to allow a company which is controlled by a hostile foreign government to continue to operate in the US. If they won't sell, then shut down their access to the US by whatever means necessary.
Score: 49 Votes (Like | Disagree)
rjp1 Avatar
8 months ago
Fine, it can stay as soon as China lifts the ban on a ton of apps developed by US companies.
Score: 33 Votes (Like | Disagree)
wilhoitm Avatar
8 months ago
Is it me or it is absolutely hilarious that China's ByteDance is using USA Free Speech for their defense for not being shut down? ?
Score: 20 Votes (Like | Disagree)
Ameer_1 Avatar
8 months ago
I don't see anything wrong with TikTok. I learn more on TikTok than on Instagram and Facebook. Many people don't know that American food produces so many chemicals that can harm you in the long run. For instance, Halls's cough drops have red 40 which can harm you the dye is thought to be linked to allergies, migraine, and mental disorders in children. American companies such as Facebook and Instagram will not tell you that. I started to travel around the world and realized if a food product is in America and not in another country it's bad for you. Even the cereal that people eat in America is bad. People should see the ingredient labels behind ketchup bottles and compare American ingredients to other countries. America is worried about an app when there are other things America should be worried about.
Score: 17 Votes (Like | Disagree)
iBreatheApple Avatar
8 months ago

In case you all missed it, Romney already gave the game away and admitted that the ban happened to curb pro-Palestine sentiment: https://www.axios.com/local/salt-lake-city/2024/05/06/senator-romney-antony-blinken-tiktok-ban-israel-palestinian-content

Turns out all of that posturing about national security was BS that politicians sold to the American public to justify their blatantly unconstitutional actions!
Didn’t the article, but it’s hard to believe considering they were trying to ban it before all of that started.
Score: 15 Votes (Like | Disagree)
omihek Avatar
8 months ago
Tomorrow's headline: U.S. Government Signs New Bill Banning Foreign Companies From Suing It
Score: 11 Votes (Like | Disagree)