TikTok and its parent firm, ByteDance, have filed a lawsuit against the United States government after Congress and President Biden passed a new law.

This regulation requires TikTok to sell its operations within nine months or face exclusion from US app marketplaces. TikTok claims that this legislation violates its constitutional rights, including the First Amendment. The action, filed in the United States Court of Appeals in Washington, D.C., was expected given ByteDance’s staunch stance against selling TikTok. The corporation claims that the data of its American consumers is secure.

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“There is no question: the Act will force a shutdown of TikTok by January 19, 2025,” according to the complaint, “silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere,” according to the complaint. “For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than one billion people worldwide.”

The action went on to say that the “qualified divestiture” required by the Act to allow TikTok to continue functioning in the United States is simply not achievable, financially, technologically, or legally. And certainly not within the 270-day timeframe specified by the Act. Petitioners have repeatedly explained this to the US government, and the Act’s supporters were aware that divestiture was impossible.”

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“There are good reasons why Congress has never passed a law like this. In accordance with the First Amendment’s guarantee of freedom of expression, the United States has long advocated for a free and open Internet, and the Supreme Court has frequently recognized that speech “conveyed over the Internet” fully qualifies for “the First Amendment’s protections.” In the end, the Act’s national security premise is shaky at best. “If Congress can do this, it can circumvent the First Amendment by citing national security and ordering the publisher of any specific newspaper or website to sell in order to escape closure. And for TikTok, any such divestiture would cut Americans off from the rest of the world on a platform dedicated to shared content, which is fundamentally opposed to the Constitution’s dedication to both free speech and individual liberty.”