I'm a technology reporter and senior writer at Forbes based in San Francisco. Have a tip? Email me at [email protected] or [email protected].
Yesterday, as they promised they would, TikTok and ByteDance filed a lawsuit against the federal government challenging the constitutionality oft the Protecting Americans From Foreign Adversary Controlled Apps Act, known as PAFACA or just “The TikTok Ban Bill.”. The bill, which was passed by Congress and signed into law last month, requires ByteDance to sell TikTok’s U.S. operations by January 19, 2025 or face a ban of the app in the United States.
It’s an ironic pivot away from a prior narrative in which TikTok and ByteDance insisted they were more separate than they really are. They have claimed time and again that US-based execs are running the show,The companies also say that “to keep the platform running,” TikTok engineers “would need access to ByteDance software tools, which the Act prohibits.”
We don’t do punishment by legislation in the U.S.; we do it in the courts. So if TikTok can prove that the intent of this bill was to punish or ban it specifically, then the courts will likely find that the law can’t stand.TikTok and ByteDance flatly acknowledge in their complaint that the Chinese government would prohibit ByteDance from selling its famous recommendations algorithm.
The First Amendment will govern most of the arguments raised by TikTok and ByteDance. But the First Amendment isn’t a blanket protection for all speech all the time. The parties will fight about which level of scrutiny applies in this case: whether the government will have to show that the law is substantially related to an important government interest – or whether it will have to show that the law is narrowly tailored to achieve a compelling government interest .
Tiktok Congress U.S. Tiktok Ban First Amendment Bill Of Attainder Supreme Court
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