TikTok said it sued the federal government on Tuesday, arguing the law was unconstitutional.
TikTok said that the law violated the First Amendment by effectively removing an app that millions of Americans use to share their views and communicate freely. It also argued that a divestiture was “simply not possible,” especially within the law’s 270-day timeline, pointing to difficulties such as Beijing’s refusal to sell a key feature that powers TikTok in the United States.
“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 one billion people worldwide,” the company said in the 67-page petition it provided, which initiates the lawsuit. “There is no question: The act will force a shutdown of TikTok by Jan. 19, 2025.”
Several legal experts expect the case to land in front of the Supreme Court.
Last year, Montana passed a law that would have barred TikTok from operating in the state as of Jan. 1, saying the company presented a security threat to its citizens. A group of TikTok users filed a lawsuit funded by the app, saying the law violated their First Amendment rights and outstripped the state’s legal authority. TikTok also filed a separate lawsuit within a week, arguing that the legislation violated the First Amendment.
In November, a federal judge blocked the Montana ban, saying it most likely violated the First Amendment and a clause that gives Congress the power to regulate commerce with foreign nations.
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