The Justice Department filed its response late Friday to TikTok’s civil lawsuit, which aims to challenge a law that mandates the app’s sale or risks facing a ban in the United States. TikTok’s lawsuit, presented in a federal court in Washington, argues that the law violates the First Amendment rights related to free speech. In contrast, the U.S. government’s response asserts that the law is fundamentally about addressing national security concerns rather than issues of free expression. Furthermore, it contends that TikTok’s Chinese parent company, ByteDance, cannot invoke First Amendment protections in this context.
The Justice Department’s filing elaborates on the apprehensions surrounding ByteDance’s potential compliance with demands from the Chinese government for data regarding U.S. users. Officials indicated that there is a significant risk that ByteDance could be pressured to censor content or promote certain narratives on the platform, which raises serious concerns about user safety and privacy. A senior official from the Justice Department emphasized that the primary objective of this law is to ensure that all users—regardless of age—can engage with the platform safely and confidently, knowing that their data is not being sent back to the Chinese government and that their content consumption is not being influenced by external censorship.
Moreover, the response highlights the law’s focus on foreign ownership of TikTok, arguing that this aspect removes the case from the purview of First Amendment considerations. U.S. intelligence agencies have expressed worries that China could “weaponize” mobile applications, using them to gather extensive datasets on American citizens through various means, including malicious cyber activities and purchasing data from brokers. A senior Justice Department official noted that the Chinese government has been actively pursuing large-scale datasets of Americans, which includes efforts to build advanced AI models capable of utilizing this data.
In light of these concerns, TikTok has stated that the required divestiture is “simply not possible” within the timeline stipulated by the law. The legislation, signed by President Joe Biden earlier this year, imposes a deadline of mid-January 2025 for TikTok to secure a buyer that is not based in China or face potential consequences, including a ban. The ongoing legal battle underscores the complex intersection of technology, national security, and individual rights in the digital age.
