TikTok is suing the US Government in response to the app’s upcoming ban, calling it an “unprecedented violation” of the First Amendment.

TikTok is suing the US Government in response to the app's upcoming ban, calling it an "unprecedented violation" of the First Amendment right to free speech.

A lawsuit is one of TikTok's only current options if it wants to remain in the US. The other course of action is to sell its US operations, which the Chinese government is likely not to allow.

TikTok displayed on a phone in front of the US capitol building (Image via dailydot.com)
TikTok displayed on a phone in front of the US capitol building (Image via dailydot.com)

Why is TikTok suing the US government?

Last month's bill by the US government gives TikTok just under a year to either sell its US operations or face a countrywide ban. However, the Chinese government has stated that it would "heavily oppose" any sale of the app. Thus, TikTok now has only one choice.

TikTok's main claim in suing the US government is that the bill is an "unprecedented violation" of the First Amendment. The lawsuit mentions this is the first time in history that "Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban" and that it "bars every American from participating in a unique online community with more than 1 billion people worldwide."

Another argument behind TikTok's suing the US government is that their evidence against the app is insufficient. The government's main concern with the app is national security, but TikTok believes that it has not met the burden of proof for the restriction.

Finally, TikTok also sues to claim the US government is in violation of due process under the Fifth Amendment. The company feels the ban is a punishment is for a crime that it has not stood a fair trial for. TikTok states that technically “the Act is not a ban because it offers ByteDance a choice: divest TikTok’s U.S. business or be shut down. But in reality, there is no choice.”

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