TikTok is suing the US government to stop its app being banned

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Karissa is a senior reporter at Engadget, covering Meta, Twitter, TikTok, Snap and all things social media. Her interests include tech policy, internet culture, and all the ways our online activities shape our IRL selves.

TikTok is officially challenging the law that could lead to a ban of the app in the United States. The company, which has long claimed that efforts to force a sale or ban of its app are unconstitutional,In the lawsuit, TikTok claims that a divestiture of its business from ByteDance is “simply not possible,” and that the “Protecting Americans from Foreign Adversary Controlled Applications Act” violates the First Amendment.

The filing of the lawsuit is the first beat in what’s expected to be a lengthy legal battle over the law, whichlast month. Under the law, TikTok has up to a year to separate itself from Chinese parent company ByteDance or face a ban in US app stores. However, legal challenges from TikTok could significantly delay that process.

Free speech and digital rights groups have also opposed the law, saying that it could set a precedent for further bans. In its lawsuit, TikTok made a similar argument, and said that the alleged national security risks posed by its app. “If Congress can do this, it can circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down,” it says.

 

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