TikTok is Suing the U.S. Government Under the 1st Amendment: What this Means for the Looming Ban

Earlier this year, President Joe Biden signed into law a bill aimed at restricting TikTok’s use in the United States under its current parent company, ByteDance. TikTok, one of the world’s most popular social media platforms, was originally launched in 2016. In 2017, the company had bought Musical.ly and “merged,” into the same app. It quickly became a go-to platform for creators to build followings, businesses to market products, artists to share music, and friends to stay connected. Despite its popularity, concerns about the app’s security risks and influence have grown both in the U.S. and internationally. 

What This Means and The Rebuttals 

U.S. officials raised concerns about the vast amount of information collected on users and the potential for this data to be accessed by Chinese authorities. Speculation has grown that sensitive user information may have already been shared with the Chinese government. In response to these concerns, Congress introduced a bill requiring TikTok to be sold to an American company by January 2025. President Biden signed the bill into law in April 2024, though it has sparked mixed reactions across the political spectrum. 

Unsurprisingly, many TikTok creators and influencers have opposed the decision, with eight of them—Brian Firebaugh, Steven King, Timothy Martin, Chloe Joy Sexton, Kiera Spann, Topher Townsend, and Paul Tran—filing a lawsuit. They argue that the ban infringes on their First Amendment rights, asserting that the bill “threatens to deprive them, and the rest of the country, of this distinctive means of expression and communication.” Small businesses that rely on marketing from TikTok are likely to face significant challenges. 

On the other hand, security experts and U.S. officials believe the ban is necessary to protect national security. Daniel Tenney, an attorney for the U.S. the Justice Department, emphasized that the same data that fuels TikTok’s popularity could be highly valuable to foreign adversaries looking to compromise the security of the United States. Many parents are concerned about the potential data collection of their children on the app and support the ban, seeing it as “net-positive.”

The Course of Action for TikTok 

As for TikTok itself, the company sued the U.S. Government earlier this year for violation of its First Amendment Rights. As established in earlier SCOTUS decisions, such as Citizens United vs. FEC, corporations may be treated as individuals under the 1st amendment. Andrew Pincus, the attorney for TikTok, argued that the ban would violate their 1st amendment right to self-expression, as TikTok Inc, is the American branch of the company. A three-judge panel heard the arguments for this suit on Monday, September 16, and is expected to rule on this case in the coming months. 

Both the Justice Department and TikTok have asked for a ruling by December 6, which would give the Supreme Court time to consider an appeal before the ban goes into effect. Though the verdict is still up in the air, the outcome of this legal battle will have lasting implications not only for the future of TikTok but also for the broader conversation around data privacy, national security, and free expression.