ByteDance, the parent company of TikTok, has filed a lawsuit against the US government in an attempt to block a law that would require the company to divest from its US assets. The lawsuit, filed on Tuesday in the US Court of Appeals in Washington, DC, argues that the law is unconstitutional.
President Joe Biden signed the law on April 24 as part of a package that included foreign aid to Ukraine and Israel, as well as humanitarian relief for Gaza. The law gives ByteDance nine months to sell off its US-based operations, with a possible three-month extension if a sale is in progress.
ByteDance contends in its lawsuit that divestment within the given timeframe is not feasible commercially, technologically, or legally. The company argues that the law unfairly targets them and violates the First Amendment of the US Constitution, which protects free speech.
Despite maintaining that they have no plans to sell TikTok, ByteDance states that such a sale would not be possible under the law due to the intricate nature of the app’s operations. The lawsuit also highlights concerns about the law causing a shutdown of TikTok, silencing the millions of Americans who use the platform for communication.
TikTok has faced bipartisan criticism in the US over national security concerns, with fears that the Chinese government could access user data. ByteDance has denied providing any user information to the Chinese government and has committed to protecting US user data.
The lawsuit predicts that ByteDance will prevail, citing the First Amendment’s protection of Americans’ access to information and media. The legal battle between ByteDance and the US government mirrors similar actions taken by China against US-based companies like Meta.
As tensions between Washington and Beijing continue, the future of TikTok in the US remains uncertain.