TikTok’s parent company, ByteDance, and the federal government began their trial on Sept. 16 after the company sued against a law that would force TikTok to sell its American operations or face a nationwide ban.
The Protecting Americans from Foreign Adversary Controlled Application Act, signed into law earlier this year, requires TikTok’s American offices to separate from Chinese jurisdiction if the platform wants to continue service in the United States. The company said the law violates its First Amendment rights by forcing a divestment or ban of its platform, which over 150 million Americans use. ByteDance said the law unfairly singles out TikTok and bars Americans from “participating in a unique online community,” according to a legal brief from the Court of Appeals for the District of Columbia.
“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,” ByteDance said in the brief.
The company claims the law unfairly targets TikTok due to its Chinese ownership rather than any legitimate threat posed by the platform itself.
However, Adam Klein, director of UT’s Robert Strauss Center for International Security and Law, said the law focuses less on restricting content and more on national security concerns tied to TikTok’s ownership.
“The question in the case is not, ‘is there a First Amendment right to praise China?’ The question is, ‘does the Chinese government have a First Amendment right to own one of the most important channels of communication in our country?’” Klein said.
He said TikTok is likely to lose the lawsuit because the law focuses on the platform used to communicate instead of the content itself.
The University blocked TikTok in January 2023 from use on campus due to a directive from Gov. Greg Abbott that cites security concerns about the platform’s ties to China.
Joanne Kim, social media chair for ATX Korean Dance Crew, a student dance group that posts their videos online, said the campus-wide ban added minor complications to her work, but she still creates and shares TikTok content by turning off University Wi-Fi.
A victory for either party in the lawsuit could change TikTok access on campus, whether ByteDance decides to divest or not.
Both ByteDance and the federal government requested a ruling by Dec. 6, as the federal law is set to take effect on Jan. 19. A ruling against ByteDance could force the company to sell TikTok’s U.S. operations or shut down the platform entirely in the country.
Klein said the Chinese government can afford the loss.
“(The Chinese government doesn’t) need the money,” Klein said. “They don’t have to care about TikTok’s shareholders losing … That’s their choice ultimately.”
