Justice Department Responds to TikTok’s Lawsuit
The US Justice Department robustly defended a law requiring TikTok’s sale to avoid a US ban. This defense was part of a response issued late Friday amid an ongoing legal challenge by TikTok. TikTok contests the law’s constitutionality, asserting it violates First Amendment rights.
National Security vs. Free Speech
In its filings, the US government dismissed the claim that the law suppresses free speech, arguing instead that the legislation addresses significant national security risks. The government’s position is that ByteDance, TikTok’s Chinese parent company, does not possess First Amendment rights in the US. This stance underscores concerns that ByteDance could potentially comply with Chinese government requests for American user data or manipulate content.
Details of the Government’s Concerns
Justice Department officials highlighted risks of ByteDance yielding to Chinese government pressures, potentially misusing American data or censoring content on TikTok. The legislation primarily aims to ensure TikTok’s safe usage without foreign government interference or oversight. This goal supports secure data handling and content freedom for all TikTok users in the U.S.
Legislation Focuses on Ownership and Security
US authorities stressed that concerns over foreign ownership and data threats extend beyond free speech rights. This concern emerges amid US intelligence fears of foreign apps harvesting large datasets on Americans for malicious uses. The focus on these security threats underlines the complex issues surrounding the ownership of apps like TikTok.
TikTok’s Position and Upcoming Deadlines
TikTok has countered that divesting from its Chinese owners is not feasible, especially not within the law’s strict timelines. President Joe Biden signed legislation setting a deadline of mid-January 2025 for TikTok to secure a non-Chinese buyer, with an option to extend this period by another 90 days.
Ongoing Legal Battle Expected to Escalate
As TikTok’s legal challenge may reach the US Supreme Court, the debate on national security versus free speech persists. This battle continues against earlier attempts by the Trump administration to ban the app, facing judicial obstacles over free speech. These judicial challenges highlight the ongoing tension between security measures and constitutional rights.
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