TikTok Sues US Ban, Calls It ‘Unconstitutional’

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TikTok said on Tuesday that it has submitted a petition to a federal court in an effort to lift the restriction that pertains to TikTok in the United States.

ByteDance, the Chinese company that operates TikTok, has submitted a complaint to the United States Attorney General Merrick Garland, requesting that the ban’s legality be reviewed with regard to its legitimacy.

It is “unconstitutional.”
TikTok said that the proposed legislation is “unconstitutional,” making the assertion that it is “so obviously unconstitutional, in fact, that even the Act’s sponsors recognized that reality, and therefore have tried mightily to depict the law not as a ban at all, but merely a regulation of TikTok’s ownership.”

According to the legislation that was signed into law by Vice President Joe Biden in April, ByteDance is required to sell TikTok within a year via a forced sale or face the possibility of a ban throughout the whole country owing to concerns over national security.

Despite the fact that the “qualified divestiture” that is required by the Act is “simply not possible: not commercially, not technologically, and not legally,” the business has said that even if it were possible, it would “still be an extraordinary and unconstitutional assertion of power.”

“If Congress can do this, it can circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down,” according to the legal brief.

The project known as “Project Texas”
TikTok’s voluntary investment of more than $2 billion in “Project Texas,” an initiative in which American user data was isolated inside Oracle (ORCL) servers in the United States that communicate with global TikTok systems, was one of the initiatives that the company highlighted as part of its efforts to alleviate the national security concerns of the United States government.

It had been expected that the limitation would be subject to judicial challenges, which would most likely result in a delay in the time until a ban or forced sale is enforced.

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