TikTok, et al. v. Garland is a lawsuit brought by social media company TikTok 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 (PAFACA), an act of the U.S. 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.
| 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 |
| Court membership | |
| Judges sitting | Sri Srinivasan, Neomi Rao, Douglas H. Ginsburg |
Background
editPresident Joe Biden signed PAFACA into law on April 24, 2024, codified as 15 U.S.C. § 9901.[1] The law gives TikTok's Chinese parent company, ByteDance, 270 days to sell TikTok. If ByteDance fails to do so, TikTok will face a ban from U.S. app stores and internet hosting services, limiting new downloads and access to its content. The deadline for the sale is January 19, 2025, but Biden can extend it by another 90 days if progress is made, potentially giving TikTok up to a year before a ban is enforced.[2] In addition to TikTok and ByteDance, the ban applies to a "covered company controlled by a foreign adversary and determined by the President to present a significant threat to the national security of the United States ..."[1]
Lawsuit
editOn May 7, 2024, TikTok and ByteDance filed a lawsuit against U.S. 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."[3][4][5] 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."[6]
Proceedings
editIn the lawsuit, TikTok requested a declaratory judgment to prevent the PAFACA from being enforced.[7] The Court of Appeals expedited the case, setting oral arguments for September 2024,[8] and a decision by December 2024.[9]
In June 2024, TikTok presented briefs to the court that laid out why the company believes the ban to be unconstitutional under the First Amendment.[10] TikTok argued any divestiture or separation would take years and the law runs afoul of Americans' free speech rights.[10] The brief included a 90-page proposal about plans by TikTok to address American national security concerns.[11] The U.S. Department of Justice (DOJ) responded the following month, in which it asked the court to reject TikTok's legal challenge.[12] The DoJ argued the law is aimed at addressing national security concerns, not speech, and is aimed at China’s ability to exploit TikTok to access Americans’ sensitive personal information.[12] 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 overseas TikTok employees through Lark.[13] In August and September, 2024, DOJ filed classified documents with the court to outline additional security concerns regarding ByteDance's ownership of TikTok.[12][14]
Oral arguments were held on September 16, 2024.[14]
References
edit- ^ a b "15 USC 9901: Prohibition on transfer of personally identifiable sensitive data of United States individuals to foreign adversaries". uscode.house.gov. Retrieved 2024-10-26.
- ^ Fung, Brian (April 24, 2024). "Biden just signed a potential TikTok ban into law. Here's what happens next". CNN. Retrieved October 26, 2024.
- ^ 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.
- ^ del Valle, Gaby; Feiner, Lauren (September 14, 2024). "TikTok is about to get its day in court". The Verge. Retrieved September 15, 2024.
- ^ a b Shepardson, David (June 20, 2024). "TikTok says US ban is inevitable without a court order blocking law". Reuters. Retrieved September 15, 2024.
- ^ Maheshwari, Sapna (June 20, 2024). "TikTok Lays Out Past Efforts to Address U.S. Concerns". The New York Times. Retrieved September 15, 2024.
- ^ a b c "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". Associated Press. 2024-07-27. Archived from the original on 2024-07-27. Retrieved 2024-07-28.
- ^ a b "TikTok Inc. v. Merrick Garland, 24-1113 - CourtListener.com". CourtListener. Retrieved 2024-10-26.