TikTok v. Garland
| TikTok v. Garland | |
|---|---|
 | |
| Court | United States Court of Appeals for the District of Columbia Circuit |
| Full case name | TikTok Inc. and ByteDance Ltd. v. Merrick B. Garland, in his official capacity as Attorney General of the United States |
TikTok, et al. v. Garland is a lawsuit brought against the United States government. Chinese internet technology company ByteDance and its subsidiary TikTok allege that the Protecting Americans from Foreign Adversary Controlled Applications Act, an act of Congress that bans certain apps unless sold by their owners, violates the First Amendment by imposing an unfeasible deadline for divestment, effectively removing the app.
Background
[edit]Lawsuit
[edit]On May 7, 2024, TikTok and ByteDance filed a lawsuit against attorney general Merrick Garland in the Court of Appeals for the District of Columbia Circuit, challenging the legislation primarily on First Amendment grounds, alleging that the forced divestiture or ban of the platform would violate the free speech rights of the company and its users. The company accused the U.S. government of operating on "hypothetical" national security concerns, contending that it has not outlined any credible security threat posed by the platform in an adequate manner, and has not explained why TikTok "should be excluded from evaluation under the standards Congress concurrently imposed on every other platform."[1][2][3] The lawsuit also alleged that the Chinese government would not permit ByteDance to include the algorithm that has been the "key to the success of TikTok in the United States."[4] TikTok requested a declaratory judgment to prevent the Protecting Americans from Foreign Adversary Controlled Applications Act from being enforced.[5] The Court of Appeals expedited the case, setting oral arguments for September.[6]
In a July 2024 filing, the United States Department of Justice (DOJ) asked the court to throw out TikTok's legal challenge.[7] The DOJ alleged that ByteDance employees in China obtained sensitive information on U.S. users, such as views on abortion, religion, and gun control, from TikTok employees overseas via Lark.[8]
On August 2, 2024, the DOJ counter-sued TikTok for violating the Children's Online Privacy Protection Act (COPPA).[9]
References
[edit]- ^ Scott, Rachel; Pereira, Ivan (May 7, 2024). "TikTok sues federal government over potential US ban". ABC News. Archived from the original on July 28, 2024. Retrieved July 28, 2024.
- ^ Shepardson, David (May 7, 2024). "TikTok, ByteDance sue to block US law seeking sale or ban of app". Reuters.
- ^ "Read TikTok's legal challenge". The New York Times. 2024-05-07. ISSN 0362-4331. Archived from the original on 2024-07-29. Retrieved 2024-05-07.
- ^ "TikTok sues US to block law that could ban the social media platform". Associated Press. 2024-05-07. Archived from the original on 2024-05-07. Retrieved 2024-05-08.
- ^ Gershman, Jacob; Bobrowsky, Meghan (May 7, 2024). "TikTok Sues to Block U.S. Ban". The Wall Street Journal. Archived from the original on July 28, 2024. Retrieved May 28, 2024.
- ^ Shepardson, David (May 28, 2024). "US court to hear challenges to potential TikTok ban in September". Reuters. Archived from the original on May 28, 2024. Retrieved May 28, 2024.
- ^ "TikTok's appeal should be thrown out, US justice department tells court". The Guardian. 2024-07-27. ISSN 0261-3077. Archived from the original on 2024-07-28. Retrieved 2024-07-28.
- ^ "Justice Department says TikTok collected US user views on issues like abortion and gun control". Association Press. 2024-07-27. Archived from the original on 2024-07-27. Retrieved 2024-07-28.
- ^ Duffy, Clare (2 August 2024). "US government sues TikTok for allegedly violating children's privacy law | CNN Business". CNN. Retrieved 2 August 2024.