What do JuicyBooty, Chem Teacher Phil, and Sparks of Joy have in Common? They are not just digital media creators but now they are also lobbyists recruited by Tik Tok to advocate for free speech before Congress. You see, Tik Tok as we know it, is about to change because the U.S. Department of Justice is ready to step into the ring to argue that TikTok, once known for viral renegade dances, poses a national threat to national security.
The clock is ticking, TikTok faces a deadline to divest or risk a U.S. ban by early 2025. For context, TikTok’s troubles began when U.S. lawmakers raised concerns that ByteDance, TikTok’s Chinese parent company, could be compelled to hand over user data to the Chinese government. According to TikTok’s CEO Shou Chew, as of January 2024, the platform had 170 million monthly active users in the U.S. In response to these concerns, the White House signed a law in April 2024 giving ByteDance until January 2025 to divest its U.S. operations or face a ban.
In September 2024, the company took its case to the U.S. Court of Appeals, arguing that the law targeting ByteDance violates the First Amendment rights of its millions of American users. TikTok contends that Congress unfairly singled out a foreign-owned company for censorship based on speculative concerns. The company’s lawyers asserted that Congress lacked sufficient evidence to ban the app on national security grounds, pointing out that much of the alleged proof remains classified (though judges did review an unredacted version of the evidence). Additionally, TikTok content creators, who are co-plaintiffs in the case, argued that a ban would be illegal, as they have a constitutional right to work with any publisher they choose.
Conversely, the government insists that its actions are not about censoring speech or content on the app but rather about safeguarding Americans from potential algorithmic manipulation and extensive data collection. The White House’s skepticism largely stems from TikTok’s source code being written in China, which could pose a security risk. If the Chinese government chose to spy on American citizens or disseminate propaganda, it could lead to serious national security threats. The DOJ emphasizes that while free speech is valued, the unique ownership structure of TikTok raises legitimate concerns. They argue that the Chinese government has potential leverage over ByteDance, making TikTok a possible vehicle for data collection or information warfare.
The judges in the case expressed skepticism toward both sides. They questioned the government’s claims of national security risks while also probing TikTok’s defense of its ownership structure. A ruling is expected by December, though an appeal is likely, regardless of the outcome.
If TikTok loses, the app could face a ban by January 2025 unless it finds a non-Chinese buyer. Should TikTok win, it may continue operating under its current ownership. However, both sides anticipate a lengthy legal battle, with final outcomes likely delayed until after the 2024 presidential election.
