TikTok is pushing back against the U.S. government’s argument that it is not protected by the First Amendment, comparing itself to American media organizations owned by foreign entities. The Justice Department had argued that TikTok, owned by China-based ByteDance, is not entitled to free speech protections. TikTok’s attorneys argue that its U.S. arm should not lose constitutional rights because of foreign ownership, citing examples like Politico and Fortune, which are owned by foreign entities.
The Biden administration and TikTok had engaged in talks to address concerns about the app’s ownership, but failed to reach a deal. The government raised national security concerns about data transfers between TikTok employees and ByteDance engineers in China. TikTok proposed a 90-page agreement, Project Texas, to address these concerns but the government deemed it insufficient.
The Justice Department has requested evidence classified at “Top Secret” levels in the case, which TikTok is opposing. Oral arguments are set to begin on September 16. TikTok’s legal challenge to the federal law requiring ByteDance to sell the app or face a ban hinges on the argument that it is entitled to First Amendment protections despite being owned by a foreign entity. The outcome of this case could have far-reaching implications for U.S. companies with foreign ownership.
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