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Is It Legal To Ban TikTok? What Happens Next?

LegalEagle・25 minutes read

America is considering banning TikTok due to national security concerns, with Montana and Texas enacting state-level bans that faced legal challenges. ByteDance is contesting the law targeting TikTok ownership, arguing it violates First Amendment rights and could restrict free speech.

Insights

  • President Joe Biden signed a law targeting TikTok, led by Representative Mike Gallagher who believes the app enables Chinese spying, sparking concerns about national security and foreign influence.
  • The legal battles over banning TikTok in Montana and Texas highlight the complex intersection of free speech, data privacy, and national security concerns, with courts emphasizing the limitations of state authority in regulating foreign affairs and the potential implications of restricting access to digital platforms on various stakeholders, including researchers and content creators.

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Recent questions

  • Why is TikTok facing potential bans?

    Due to national security concerns and Chinese spying fears.

  • What was the outcome of the legal challenges against Montana's TikTok ban?

    The court ruled against the ban, citing lack of evidence.

  • What did the federal court rule regarding the Texas ban on TikTok?

    The court deemed the Texas ban reasonable.

  • What legislation did Congress pass regarding ByteDance and TikTok?

    Legislation requiring ByteDance to sell TikTok.

  • What actions has ByteDance taken in response to the legislation against TikTok?

    ByteDance filed a lawsuit against the US government.

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Summary

00:00

"Montana's Failed TikTok Ban Raises Concerns"

  • America has taken action against TikTok, potentially banning it due to national security concerns.
  • President Joe Biden signed a law targeting TikTok, led by Representative Mike Gallagher who believes the app enables Chinese spying.
  • TikTok faced previous attempts at bans, including Donald Trump's executive orders in 2020, which were blocked by federal judges.
  • Montana passed a law banning TikTok within its borders, citing concerns about Chinese communism and child welfare.
  • The ban in Montana faced legal challenges, with plaintiffs arguing it violated their First Amendment rights.
  • The court ruled against Montana's TikTok ban, stating it failed to meet intermediate scrutiny standards.
  • Montana's Data Privacy Act could address concerns about data collection without needing a TikTok ban.
  • The court criticized Montana for lacking evidence to support claims against TikTok and China, and for overreaching into foreign affairs.
  • The court highlighted that states do not have the authority to regulate foreign affairs, which falls under federal jurisdiction.
  • Montana's comparison of the TikTok ban to laws criminalizing terrorism was deemed weak and reflective of anti-Chinese sentiment.

10:52

TikTok Ban Sparks Legal Battle in US

  • Apps and websites often collect personal information without users' knowledge or consent, leading to data sharing globally due to the absence of a comprehensive data privacy law in the US.
  • Judge Molloy issued a preliminary injunction blocking a Montana law from taking effect, while a Texas law restricting government employees from using TikTok survived a constitutional challenge.
  • Texas banned TikTok on state devices due to Chinese ownership and data privacy concerns, leading to a lawsuit by public university professors who argued it hindered their research efforts.
  • The federal court deemed the Texas ban reasonable as it only applied to state employees using state devices, allowing others in Texas to use the app on personal devices.
  • Congress passed legislation to prevent ByteDance from owning TikTok, requiring a sale to a non-Chinese-controlled entity and blocking hosting on app stores or websites.
  • The law allows TikTok to operate if sold within 270 days, with a possible extension, but ByteDance intends to contest any forced sale.
  • ByteDance argues the law violates First Amendment rights, claiming it targets specific viewpoints and should be subject to strict scrutiny, challenging the government's national security concerns.
  • The law faces scrutiny for potentially restricting free speech and viewpoint discrimination, with comparisons to past cases involving content-based regulations.
  • ByteDance filed a lawsuit against the US government, asserting the law is unconstitutional and impractical, as divesting TikTok would create an unviable American version without essential algorithms.
  • The lawsuit challenges the law's broad impact on free speech, alleging content and viewpoint-based restrictions that favor certain types of speech while discriminating against others, including political and religious content.

21:49

TikTok Faces National Security Risks and Lawsuits

  • TikTok has been operating in the US since 2017, and the government is expected to provide concrete examples of how the app poses national security risks, suggesting potential solutions like passing laws to restrict TikTok on government devices.
  • ByteDance has invested over $2 billion to address privacy concerns with the American government, while a complaint argues that the government's actions violate the Fifth Amendment by singling out petitioners without justification or compensation.
  • The complaint against TikTok alleges unconstitutional actions, including being targeted without due process, leading to potential consequences for influencers who rely on the platform financially, prompting suggestions to manage subscriptions and expenses using Rocket Money, an app that helps track and cancel unused subscriptions, negotiate bills, and budget effectively.
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