TikTok sues U.S. Government in high-stakes battle over ownership and free speech

The House of Representatives voted on a bill that could lead to TikTok being banned in the United States unless its Chinese owner sells the platform to a company not affiliated with the Communist Party of China. TikTok, an app used monthly by millions, is accused of espionage. The platform has already faced penalties in Europe. TikTok representatives warn that this law threatens freedom of speech and could negatively impact millions of businesses and creators in the USA.

TikTok is actively trying to block the enactment of this law, which would require its Chinese owners to sell the app within the next year or face a ban in the U.S. According to Tech Crunch, TikTok argues that the law infringes on the country's constitutional guarantees of freedom of speech and individual rights.

The lawsuit, filed by TikTok on Tuesday, May 7, argues that the United States Congress is trying to limit access to a "unique online community" that connects over a billion people worldwide. "This is a violation of the constitution," the document states. This conflict has escalated since President Biden signed a law that includes provisions for banning TikTok's operations as part of a broader aid package for Ukraine and Israel, presenting a request to ByteDance.

The heart of the dispute lies in national security concerns. The U.S. government claims that TikTok's connections to China threaten national security, alleging that the platform shares Americans' data with Chinese authorities. TikTok denies these claims, highlighting its $2 billion investment in data protection for its U.S. users. The company also criticizes the legislative actions of Congress, arguing they were taken without any evidence to support these accusations. According to its executives, such actions are based on "speculation, not evidence," which they claim violates the First Amendment.

Selling the platform within the extremely short deadline of 270 days is nearly impossible, especially since the Chinese government is unlikely to agree. This decision would be crucial for transferring TikTok's algorithms, meaning that in the current legal framework, a change of ownership is practically unfeasible. This could potentially lead to the app's shutdown by January 2025, cutting off communication for 170 million Americans who use the platform.

This case highlights the political strategies and concerns associated with the influence of social media on public opinion, raising important questions about the future of freedom in virtual spaces for dialogue and expression.