Freedom of speech has clashed with national security before. The Federal Court of Appeals in Washington, D.C., held unanimously last Friday. TikTok app could be banned in the US
the court upheld the law The bill, known as the Protecting Americans from Foreign Adversary Control Applications Act, requires social media apps to relinquish Chinese ownership if they want to continue operating. TikTok's “pervasive influence” is “precisely why” Congress and the president have determined that stripping it of Chinese control is “essential to protecting our national security,” the justices wrote.
The Buy-Sell-No-Sell Act, signed by President Biden in April, received bipartisan support after Congress received a classified briefing from intelligence agencies about China's ability to use TikTok to surveil Americans and spread Chinese propaganda. It was passed with support.
TikTok has been operating in the United States since 2018. Its short video format, recommended format for content, and easy editing features quickly exploded in popularity. It is now 5th most widely used social media platform in the usa
The ban does not criminalize the app's use by TikTok's 170 million fans in the United States. However, it would ban mobile app stores, prohibit users from downloading or updating the app, and prohibit internet hosting services from supporting the app, effectively shutting down TikTok in the US. .
The decision relied heavily on U.S. warnings that the Chinese government could use the app's parent company, China's ByteDance, to access U.S. users' data, and that national security outweighed TikTok's free speech rights. It was also found that priority was given to
The First Amendment “exists to protect free speech in the United States,” Justice Douglas Ginsburg wrote for the three-judge panel. “Here the government acted solely to protect freedom from a foreign enemy.”
Attorney General Merrick Garland praised the decision. This will “prevent the Chinese government from weaponizing TikTok to collect sensitive information about millions of Americans, covertly manipulate the content delivered to American audiences, and undermine national security.” “This is an important step towards achieving this goal.”
ByteDance said it cannot and has no plans to sell its U.S. operations. The Chinese government opposes forced sales and wants TikTok's own algorithms and source code to be under Chinese control.
With President-elect Donald Trump's return to the White House, there is even more uncertainty about what will happen next. Trump tried to restrict TikTok during his first term, butmade his position unclearEarlier this year, it expressed concern that the ban would drive users to competitors.facebook .
While TikTok enthusiasts largely believe the company will continue to operate in the U.S. in some form, some content creators are considering what to do if it doesn't.
“It's the worst,” said Mario Riveira, a full-time creator in San Francisco who has more than 300,000 TikTok followers. told the Wall Street Journal.His posts are primarily humorous videos featuring interviews he conducts on the street with strangers. “Other platforms like YouTube and Instagram will have to work harder,” Ribeira said.
TikTok's demise in the US would be a milestone in the geopolitical battle over control of internet media and user data. Gmail, Google, Facebook, Instagram, YouTube, and X are all blocked under China's “Great Firewall” censorship regime. The First Amendment does not exist in China. But this is the first time the United States has cut off access to a foreign social media giant.
TikTok had previously triedto allay national security concerns By spending billions of dollars on an initiative known as “Project Texas” aimed at keeping U.S. user data domestically. However, much of Project Texas' data protection One employee called this a “wink and nod.” ”
Ginsburg admittedHe said the court's decision had a “significant impact” on TikTok users, but said “the burden stems from:” [China’s] The hybrid commercial threat is to U.S. national security, not the U.S. government, and engaged with TikTok through a multi-year process to find an alternative solution. ”
The opinion states that the US presence of TikTok could enable hacking activities by China.Targeting US companies such as EquifaxandU.S. Office of Personnel Management. Access to TikTok's user data could also allow the Chinese government to track the locations of federal employees and contractors, as well as create personal documents to blackmail them.
The court said the threat posed by content manipulation is equally serious, as China could distort public debate for its own purposes. China's “such ability violates the fundamentals of free speech.”
The wild card in this case is Donald Trump's position since January 20th. He could refuse to enforce the ban or take other steps to keep TikTok alive. Trump supported the ban during his first administration, but is now expected to end it. “I'm optimistic that President Trump will allow it.” [TikTok’s continued use in the U.S.…],” said Rep. John Moolener (R-Mich.).Chairman of the Special Committee of the House of Representatives of the Communist Party of China.
The former president said Facebook poses a greater threat to the American people, saying:If TikTok is eliminated, it will become even bigger and stronger ” Apps owned by MetaTrump suspended from office2021 andrestored his accountIn 2023.
Trump used TikTok during the campaign,used it to reach younger audiences. he seems to have more than App has 14 million followers.
The ban is expected to take effect in mid-January. TikTok is expected to go all the way to the Supreme Court, but the justices have unfettered discretion on whether to take the case.
“The Supreme Court has a historic record of protecting Americans' right to free speech, and we expect it to do the same on this important constitutional issue.” TikTok spokesperson Michael Hughes said:He criticized the ban as being based on “inaccurate” information and “resulting in blatant censorship of the American people.”
Of course, we do not know what the Supreme Court will decide. Freedom of speech is a precious value in the Constitution. Our national security is also precious, and the Constitution must never be a suicide pact.
Author and legal analyst James D. Gillin is a former federal prosecutor in the Southern District of New York. He is also a public television talk show and podcast host. Conversation with Jim Gillin.
