TikTok responded on Thursday to U.S. government claims that the social media platform is not protected by the First Amendment, likening itself to American media outlets owned by foreign entities. The Justice Department had argued that TikTok, owned by China-based ByteDance, and its U.S. arms were not entitled to First Amendment protections due to their foreign ownership.
TikTok's legal team has emphasized the importance of the First Amendment in their challenge against the federal law mandating ByteDance to sell TikTok or face a ban. They argued that TikTok's U.S. arm should not lose its constitutional rights simply because of foreign ownership, drawing parallels to news organizations like Politico and Business Insider, which are owned by foreign entities.
The Justice Department contended that TikTok's free speech claims were invalid and that the law was focused on national security concerns rather than restricting protected speech. Despite discussions between the Biden administration and TikTok to address these concerns, no agreement was reached.
TikTok accused the government of walking away from negotiations after proposing a detailed agreement that aimed to address national security worries while maintaining ties with ByteDance. However, the Justice Department deemed TikTok's proposal inadequate in creating sufficient separation between U.S. operations and China, citing data transfers and enforcement challenges.
As the case progresses, the government requested to submit classified evidence under seal, which TikTok has opposed. Oral arguments are set to commence on September 16, shedding light on the ongoing legal battle between TikTok and the U.S. government.
