TBA Law Blog


Posted by: Azya Thornton on Aug 16, 2024

TikTok is challenging the U.S. government's efforts to force a sale of the platform, arguing that it is protected by the First Amendment. The company has drawn comparisons to other foreign-owned media outlets in the U.S., contending that its ownership structure does not negate its constitutional rights. The Justice Department previously argued in a legal brief "neither TikTok's China-based parent company ByteDance, nor the platform's global and U.S. arms, TikTok Ltd. and TikTok Inc., were entitled to First Amendment protections because they are foreign organizations operating abroad” or owned by one, as reported by ABC News. While the government cites national security concerns, TikTok maintains that it has made significant efforts to address these issues and that the proposed sale is an overreach. Oral arguments in the case are scheduled to begin in September.