TikTok Ban Does Not Violate 1st Amendment, Says U.S. Court of Appeals
TikTok's days, as it's presently known in the United States, are numbered. On Friday, the U.S. Court of Appeals for the D.C. Circuit upheld the ruling that TikTok must be sold to a non-Chinese company, or it will be banned in the United States. TikTok has been arguing that the ban is unconstitutional and violates Americans' First Amendment rights.
"The First Amendment exists to protect free speech in the United States. Here, the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary's ability to gather data on people in the United States. For these reasons, the petitions are denied," the court wrote, according to The Hill.
Why TikTok Is Being Banned by Feds, Some States, and Some Attorneys General
The ban, which had broad support on both sides of the aisle when Biden signed it into law back in April, came about because of national security concerns among both parties in connection to the app's Chinese parent company, ByteDance. ByteDance has been told it has until the inauguration of President-elect Trump on January 19th to find a buyer or the app will be banned. However, if President Biden feels that good progress is being made regarding finding a buyer, he can choose to grant ByteDance another 90 days.
Trump was initially supportive of banning the app during his first term. Washington's concerns have been deep enough in the past that as of January of 2023, there were 32 states that restricted TikTok on devices that are state issued, according to CNN.
TikTok has admitted to collecting some information on its users. Some of the items specified on TikTok's Privacy Policy include app usage, device location, information obtained via the user's SIM card or IP address, metadata, and cookies, Business Insider reported in May of 2022.
In addition, TikTok was reported to be a top choice for child traffickers in 2020, according to USA Today. While attempts have been made to put some improvements in place to prevent that, there are additional steps that could be taken, according to International Center on Sexual Exploitation.
TikTok has also had attorneys general from 13 states and the District of Columbia file independent lawsuits stating that the platform was designed with the intention of being harmful and addictive to youth, according to WNG. Youth are also alleged to be at risk for mental issues such as depression, disrupted sleep patterns, and anxiety, and in spite of complaints, the company has neglected to make changes to correct the issues causing that. The lawsuit also accused TikTok of collecting personal information and data from youth under 13 years-old without first getting parental permission.
Investor Group Wants to Purchase TikTok
TikTok has claimed that divestment would be nearly impossible. Nevertheless, a U.S. investor group has expressed an interest in purchasing the app, which is believed to be worth somewhere between $20 billion to $100 billion. The specific price tag would depend on the way in which TikTok gets split off from ByteDance, according to Axios.
Project Liberty founder and billionaire Frank McCourt is responsible for pulling together the investor group and believes Project Liberty is in a great position to acquire TikTok because "This landmark acquisition would catalyze our long committed desire to usher in the era of an upgraded internet — one that prioritizes safety, democracy, and civil discourse," McCourt said in a statement released to Axios.
"The technology we are building respects individuals by returning them ownership and control of their identity and their data, not by surveilling them," he added, explaining that, "This is possible because we're not influenced by foreign actors, we're not beholden to Big Tech, and we've built the necessary technology that can support this powerful platform loved by more than 170 million Americans."
Trump used TikTok as part of his campaign strategy and promised to "save TikTok" if he were elected. This is a shift in his stance from his first term. Trump is suspected to be willing to support keeping TikTok going in the context of being U.S.-owned. During his first term, he took the lead in a federal investigation of ByteDance, which was designed to include TikTok's sale.
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Originally published December 09, 2024.
