The widely expected lawsuit filed on Tuesday may be setting up what will likely be a protracted legal fight over TikTok's future in the United States and could end up before the Supreme Court. If TikTok loses, it says it will be forced to shut down next year.
The popular social video company says that the law, which President Joe Biden signed as part of a larger $95 billion foreign aid package, is so “obviously unconstitutional” that the sponsors of the measure are trying to portray it not as a ban, but as a regulation of TikTok’s ownership. It’s the first time the U.S. government has singled out a social media company with a potential ban, which free speech advocates note is more common in repressive regimes such as Iran or China.
“Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum for protected speech and expression used by 170 million Americans to create, share, and view videos over the Internet,” ByteDance said in its suit, filed in a federal appeals court in Washington D.C. “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 1 billion people worldwide.”
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