The US Justice Department has responded to TikTok’s civil suit, arguing that the law aimed at forcing the app to be sold or face a US ban addresses national security concerns, not free speech.
The government claims that TikTok’s Chinese parent company, ByteDance, could comply with Chinese government demands for data about US users or yield to pressure to censor or promote content.
Senior Justice Department officials expressed concerns that China can “weaponize” mobile apps, citing efforts to collect large datasets of Americans through various means, including malicious cyber activity. The response argues that the law’s focus on foreign ownership takes it out of the realm of the First Amendment.
TikTok’s lawsuit argues that the law violates First Amendment rights of free speech and that the demanded divestiture is “simply not possible” within the required timeline. The company has said it has no plans to sell, leaving the lawsuit as its only option to avoid a ban. Experts believe the US Supreme Court could be open to allowing national security considerations to outweigh free speech protection.
