Judges in TikTok Case Seem Ready to Discount First Amendment

By Ari Paul

A US circuit court panel appears ready to uphold a federal law that would effectively ban the popular social media network TikTok because it’s owned by the Chinese company ByteDance. The legal attacks on the video platform—which FAIR (8/5/20, 5/25/23, 11/13/23, 3/14/24) has written about before—are entering a new phase, in which judicial interpreters of the Constitution are acting as Cold War partisans, threatening to throw out civil liberties in favor of national security alarmism.

Earlier this year, despite widespread protest (Guardian, 3/7/24), President Joe Biden signed legislation forcing TikTok’s owner “to sell it or face a nationwide prohibition in the United States” (NBC, 4/24/24). Advocates for the ban charge that data collection—which is a function of most social media networks—poses a national security threat because of the platform’s Chinese ownership (Axios, 3/15/24).

House Votes Against TikTok—and for More Cold War

 By Ari Paul

A bipartisan effort to effectively ban the social media network, TikTok in the United States has taken a great leap forward. The House of Representatives voted 352–65 that the network’s parent company, ByteDance must divest itself from Chinese ownership.

Lawmakers contend that “TikTok’s Chinese ownership poses a national security risk because Beijing could use the app to gain access to Americans’ data or run a disinformation campaign” (New York Times, 3/13/24). While proponents of the legislation say this is only a restriction on Chinese government control, critics of the bill say this constitutes an effective ban.