Social media company TikTok sued the US government on Tuesday in an attempt to stop a pending ban (or forced selling) of its platform in the United States. The ban alleges that TikTok poses a national security risk due to its close intimacy with its Chinese parent company, ByteDance. Chinese companies are notorious for allowing the Chinese government to infiltrate their records as part of the one-party state’s backdoor policy.

The lawsuit was filed in the US Court of Appeals for the DC Circuit and argues that the ban violates constitutional protections of freedom of expression.

Last month, the United States Congress passed a bill, the Protecting Americans from Foreign Adversary Controlled Applications Act, in both the House and Senate. President Biden signed it into law on April 24th.

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“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban,” representatives of TikTok wrote in the lawsuit, “and bars every American from participating in a unique online community with more than 1 billion people worldwide.” They also wrote the ban is an “unprecedented violation” of the First Amendment.

The suit further argues that speech should not be restricted on the grounds of national security, and that the federal government must prove such a restriction is legitimated and warranted—but so far has not. It also called on Congress to provide proof that TikTok is a data security risk or that it poses a threat to spread foreign propaganda. Finally, it argues the ban violates the Constitutional right to due process as provided by the Fifth Amendment, characterizing the ban as the declaration of a crime without a judicial proceeding.

The Department of Justice and the White House did not issue a response when contacted by CNBC. The lawsuit means it could take years before the ban goes into effect.

As Valuetainment previously reported, one of the bill’s sponsors, Rep. Michael McCaul (R-TX), was accused of insider trading after buying loads of stock in TikTok’s competitor Meta ahead of the ban. According to FinBold, McCaul bought $350,000 worth of Meta stock on April 4th and 5th. McCaul is a big-time investor in Meta, having invested at least $700,000 in the past.


Shane Devine is a writer covering politics and business for VT and a regular guest on The Unusual Suspects. Follow Shane’s work here.

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