In a decisive moment for U.S. legislation, President Joe Biden recently signed a bill aimed at curbing TikTok’s influence by requiring its Chinese parent company, ByteDance, to either sell the platform or cease operations in the United States. This move is part of broader efforts to dismantle what is seen as the Chinese Communist Party’s (CCP’s) extensive propaganda network.
Immediately following the bill’s enactment, TikTok announced plans to challenge the legislation in court, signaling the beginning of a formidable legal confrontation.
The law was swiftly passed on April 24, the same day that President Biden endorsed it, prompting TikTok to criticize the measure as “unconstitutional” and to affirm their intent to seek legal redress.
TikTok CEO Shou Zi Chew reinforced this stance in a video, expressing the company’s determination to fight for its rights in court and vowing to remain in the U.S. market—“We aren’t going anywhere.”
Congress Prepares for Litigation
Anticipating the legal challenges, Congress was proactive. Before the Senate’s final vote, Sen. Maria Cantwell (D-Wash.) and Sen. Mark Warner (D-Va.) engaged in a detailed 17-minute scripted Q&A session to fortify their position against potential objections from TikTok. This exercise highlighted the gravity with which Congress views the national security concerns posed by TikTok.
Central to TikTok’s defense is the First Amendment, which safeguards freedom of speech and has historically protected even foreign entities from outright bans on communication.
The Supreme Court’s 1965 decision in Lamont v. Postmaster General overturned a federal law that mandated recipients of “communist political propaganda” to submit a written request to the Post Office before such mail could be delivered. This ruling established a precedent that the government cannot impede the distribution of materials labeled as “communist political propaganda,” affirming the protection of free speech and the right to receive information without governmental interference.
Expert: Banning TikTok as a Measure to Protect National Security
Alan Z. Rozenshtein, an associate professor of law at the University of Minnesota, argues that the U.S. government’s proposed ban on TikTok is necessary for national security. He highlights the potential threat posed by the CCP, which could exploit its control over platforms such as TikTok to influence U.S. politics.According to Mr. Rozenshtein, the urgency for Congress to intervene stems from the significant leverage that the CCP could wield through such media networks.
The strategic importance of TikTok for the CCP in disseminating its views is indeed profound. Since its U.S. launch in 2018, TikTok has rapidly ascended to prominence, becoming the most downloaded app in the United States and globally for three consecutive years—2020, 2021, and 2022. With approximately 170 million American users, TikTok reaches about half of the U.S. population, significantly impacting various aspects of American culture.
Through TikTok, the CCP potentially influences a broad array of American preferences and perceptions—from musical and movie preferences to conspiracy theories and consumer habits. Even U.S. celebrities and their popularity can be shaped by the platform.
The CCP’s Alleged Use of TikTok to Influence US Politics
The narrative of TikTok as a tool for political influence is vividly illustrated by events during U.S. political campaigns. On June 20, 2020, during President Donald Trump’s reelection campaign, an unexpected turnout at a Tulsa, Oklahoma, rally highlighted TikTok’s potential impact.Although President Trump’s campaign team anticipated about 1 million attendees, only about 6,200 appeared, a discrepancy attributed to TikTok users who had registered for hundreds of thousands of tickets with no intention of attending.
In 2022, TikTok’s role in U.S. politics further evolved with the introduction of its “Election Center” feature. This initiative aimed to facilitate voter engagement by providing information on registration, mail voting, and polling locations in various states.
TikTok partnered with entities such as the National Association of Secretaries of State (NASS) and Ballotpedia, among others, offering resources in more than 45 languages, including English and Spanish. The breadth and scope of this feature drew significant attention and concern regarding its potential for influencing voter behavior.
Critics, including Rep. Jim Banks (R-Ind.) and Rep. Michael Waltz (R-Fla.), expressed apprehensions about TikTok’s capabilities for election interference.
They highlighted that TikTok, being under the oversight of CCP members, poses a substantial risk. They pointed to the potential misuse of the Election Center as a tool for overseeing and interfering in U.S. elections, a concern underscored by the Office of the Director of National Intelligence.
Mr. Rozenshtein believes that among all the arguments that the government could make in defense of the TikTok bill, “national security” is most likely to resonate with the Supreme Court.
Gus Hurwitz, senior fellow at the University of Pennsylvania’s Carey Law School, posits that given the high court’s current composition, the argument centered on national security could prove decisive.
