TikTok and its Chinese parent company filed a lawsuit Tuesday challenging a new American law that would ban the popular video-sharing app in the U.S. unless it's sold to an approved buyer, saying it unfairly singles out the platform and is an unprecedented attack on free speech.
In its lawsuit, ByteDance says the new law vaguely paints its ownership of TikTok as a national security threat in order to circumvent the First Amendment, despite no evidence that the company poses a threat. It also says the law is so “obviously unconstitutional” that its sponsors are instead portraying it as a way to regulate TikTok's ownership.
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide,” ByteDance asserts in the lawsuit filed in a Washington appeals court.
The law, which President Joe Biden signed as part of a larger foreign aid package, marks the first time the U.S. has singled out a social media company for a potential ban, which free speech advocates say is what would be expected from repressive regimes such as those in Iran and China.
The lawsuit is the latest turn in what's shaping up to be a protracted legal fight over TikTok's future in the United States — and one that could end up before the Supreme Court. If TikTok loses, it says it would be forced to shut down next year.
The law requires ByteDance to sell the platform to a U.S.-approved buyer within nine months. If a sale is already in progress, the company would get another three months to complete the deal. ByteDance has said it doesn’t plan to sell TikTok. But even if it wanted to divest, the company would need Beijing's blessing. According to the lawsuit, the Chinese government has “made clear” that it wouldn't allow ByteDance to include the algorithm that populates users' feeds and has been the “key to the success of TikTok in the United States.”
TikTok and ByteDance say the new law leaves them with no choice but to shut down by next Jan. 19 because continuing to operate in the U.S. wouldn't be commercially, technologically or legally possible. They also say it would be impossible for ByteDance to divest its U.S. TikTok platform as a separate entity from the rest of TikTok, which has 1 billion users worldwide — most of them outside of the United States. A U.S.-only TikTok would operate as an island that's detached from the rest of the world, the lawsuit argues.
The suit also paints divestment as a technological impossibility, since the law requires all of TikTok's millions of lines of software code to be wrested from ByteDance so that there would be no “operational relationship” between the Chinese company and the new U.S. app.
The companies argue that they should be protected by the First Amendment's guarantee of freedom of expression and are seeking a declaratory judgment that it is unconstitutional.
The Justice Department declined to comment on the suit Tuesday. And White House press secretary Karine Jean-Pierre declined to engage on questions about why the president continues to use TikTok for his political activities, deferring to the campaign.
Rep. Raja Krishnamoorthi, an Illinois Democrat who is the ranking member of the House Select Committee on the Chinese Communist Party, issued a statement Tuesday defending the new law.
"This is the only way to address the national security threat posed by ByteDance’s ownership of apps like TikTok. Instead of continuing its deceptive tactics, it’s time for ByteDance to start the divestment process,” he said.
ByteDance will first likely ask a court to temporarily block the federal law from taking effect, said Gus Hurwitz, a senior fellow at the University of Pennsylvania’s Carey Law School who isn't involved in the case. And the decision whether to grant such a preliminary injunction could decide the case, because its absence, ByteDance would need to sell TikTok before the broader case could be decided, he said.
Whether a court will grant such an injunction remains unclear to Hurwitz, largely because it requires balancing important free speech issues against the Biden administration’s claims of harm to national security. “I think the courts will be very deferential to Congress on these issues,” he said.
The fight over TikTok comes amid a broader U.S.-China rivalry, especially in areas such as advanced technologies and data security that are seen as essential to each country’s economic prowess and national security.
U.S. lawmakers from both parties, as well as administration and law enforcement officials, have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data or sway public opinion by manipulating the algorithm that populates users' feeds. Some have also pointed to a Rutgers University study that maintains TikTok content was being amplified or underrepresented based on how it aligns with the Chinese government's interests — a claim the company disputes.
Opponents of the law argue that Chinese authorities — or any nefarious parties — could easily get information on Americans in other ways, including through commercial data brokers that rent or sell personal information. They say the U.S. government hasn't provided public evidence that shows TikTok has shared U.S. user information with Chinese authorities or tinkered with its algorithm for China's benefit.
“Data collection by apps has real consequences for all of our privacy,” said Patrick Toomey, deputy director of the ACLU’s National Security Project. “But banning one social media platform used by millions of people around the world is not the solution. Instead, we need Congress to pass laws that protect our privacy in the first place.”
Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, expects TikTok's lawsuit to succeed.
“The First Amendment means the government can’t restrict Americans’ access to ideas, information, or media from abroad without a very good reason for it — and no such reason exists here,” Jaffer said in a statement.
Although TikTok prevailed in earlier First Amendment challenges, it isn't clear whether the current lawsuit will be as simple.
“The bipartisan nature of this federal law may make judges more likely to defer to a Congressional determination that the company poses a national security risk,” said Gautam Hans, a law professor and associate director of the First Amendment Clinic at Cornell University. "Without public discussion of what exactly the risks are, however, it’s difficult to determine why the courts should validate such an unprecedented law.”
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Associated Press writers David Hamilton and Seung Min Kim contributed to this report.
FILE - A TikTok sign is displayed on their building in Culver City, Calif., March 11, 2024. If it feels like TikTok has been around forever, that's probably because it has, at least if you're measuring via internet time. What's now in question is whether it will be around much longer — and if so, in what form. (AP Photo/Damian Dovarganes, File)
FILE - The TikTok logo is displayed on a mobile phone in front of a computer screen, Oct. 14, 2022, in Boston. On Tuesday, May 7, 2024, TikTok and its Chinese parent company ByteDance filed suit against the U.S. federal government to challenge a law that would force the sale of ByteDance's stake or face a ban, saying that the law is unconstitutional. (AP Photo/Michael Dwyer, File)
DUBAI, United Arab Emirates (AP) — A helicopter carrying Iranian President Ebrahim Raisi suffered a “hard landing” on Sunday, Iranian state media reported, without elaborating. Some began urging the public to pray for Raisi and the others on board as rescue crews sped through a misty, rural forest where his helicopter was believed to be.
Raisi was traveling in Iran’s East Azerbaijan province. State TV said the incident happened near Jolfa, a city on the border with with the nation of Azerbaijan, some 600 kilometers (375 miles) northwest of the Iranian capital, Tehran. Later, the TV put it farther east near the village of Uzi, but details remained contradictory.
Traveling with Raisi were Iran's Foreign Minister Hossein Amirabdollahian, the governor of Iran's East Azerbaijan province and other officials and bodyguards, the state-run IRNA news agency reported. One local government official used the word “crash” to describe the incident, but he acknowledged to an Iranian newspaper that he had yet to reach the site himself.
Neither IRNA nor state TV offered any information on Raisi’s condition. However, hard-liners urged the public to pray for him. State TV later aired images of the faithful praying at Imam Reza Shrine in the city of Mashhad, one of Shiite Islam's holiest sites.
“The esteemed president and company were on their way back aboard some helicopters and one of the helicopters was forced to make a hard landing due to the bad weather and fog," Interior Minister Ahmad Vahidi said in comments aired on state TV. "Various rescue teams are on their way to the region but because of the poor weather and fogginess it might take time for them to reach the helicopter.”
He added: "The region is a bit (rugged) and it’s difficult to make contact. We are waiting for rescue teams to reach the landing site and give us more information.”
Rescuers were attempting to reach the site, state TV said, but had been hampered by poor weather conditions. There had been heavy rain and fog reported with some wind. IRNA called the area a “forest” and the region is known to be mountainous as well. State TV aired images of SUVs racing through a wooded area.
A rescue helicopter tried to reach the area where authorities believe Raisi's helicopter was, but it couldn't land due to the heavy mist, emergency services spokesman Babak Yektaparast told IRNA.
Raisi had been on the border with Azerbaijan early Sunday to inaugurate a dam with Azerbaijan’s President Ilham Aliyev. The dam is the third one that the two nations built on the Aras River. The visit came despite chilly relations between the two nations, including over a gun attack on Azerbaijan's Embassy in Tehran in 2023, and Azerbaijan's diplomatic relations with Israel, which Iran's Shiite theocracy views as its main enemy in the region.
Iran flies a variety of helicopters in the country, but international sanctions make it difficult to obtain parts for them. Its military air fleet also largely dates back to before the 1979 Islamic Revolution.
Raisi, 63, is a hard-liner who formerly led the country’s judiciary. He is viewed as a protégé of Iran’s Supreme Leader Ayatollah Ali Khamenei and some analysts have suggested he could replace the 85-year-old leader after his death or resignation from the role.
Raisi won Iran's 2021 presidential election, a vote that saw the lowest turnout in the Islamic Republic’s history. Raisi is sanctioned by the U.S. in part over his involvement in the mass execution of thousands of political prisoners in 1988 at the end of the bloody Iran-Iraq war.
Under Raisi, Iran now enriches uranium at nearly weapons-grade levels and hampers international inspections. Iran has armed Russia in its war on Ukraine, as well as launched a massive drone-and-missile attack on Israel amid its war against Hamas in the Gaza Strip. It also has continued arming proxy groups in the Mideast, like Yemen's Houthi rebels and Lebanon's Hezbollah.
Associated Press writer Nasser Karimi in Tehran, Iran, contributed to this report.
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi clap hands during the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan with his Azeri counterpart Ilham Aliyev, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi, right, shakes hands with his Azeri counterpart Ilham Aliyev during their meeting in the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi, right, shakes hands with his Azeri counterpart Ilham Aliyev during their meeting in the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
An Iranian state-TV news reader reads news on incident of a helicopter carrying Iranian President Ebrahim Raisi in northwestern Iran, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (AP Photo/Vahid Salemi)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi, foreground, leaves the meeting room with his Azeri counterpart Ilham Aliyev, right, in the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi attends the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan with his Azeri counterpart Ilham Aliyev, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi, left, speaks with his Azeri counterpart Ilham Aliyev on the inauguration of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan, Sunday May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
In this photo released by the Iranian Presidency Office, President Ebrahim Raisi attends a meeting with his Azeri counterpart Ilham Aliyev during the inauguration ceremony of dam of Qiz Qalasi, or Castel of Girl in Azeri, at the border of Iran and Azerbaijan, Sunday, May 19, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a "hard landing" on Sunday, Iranian state media reported, without immediately elaborating. (Iranian Presidency Office via AP)
FILE- Iranian President Ebrahim Raisi places his hands on his heart as a gesture of respect to the crowd during the funeral ceremony of the victims of Wednesday's bomb explosion in the city of Kerman about 510 miles (820 kms) southeast of the capital Tehran, Iran, Jan. 5, 2024. A helicopter carrying Iranian President Ebrahim Raisi suffered a “hard landing” on Sunday, May 19, 2024, Iranian state television reported, without immediately elaborating. (AP Photo/Vahid Salemi, File)
