TikTok is preparing to face a series of trials that will dictate its standing in the US. Unless ByteDance sells the video-sharing platform in the next nine months, it's set in stone that it will be banned.
The Biden administration fears that the app is affiliated with the Chinese government. With this, it appears alarming and a threat to national security and safety.
TikTok to Face Legal Battle in the US
Reuters reports that TikTok is set to face the US Justice Department on Monday, Sept. 16 to challenge its position that will ban its sale in the US.
It is mostly concerned with preconceptions of dangers in the management of user information from TikTok and its possible utilization by the Chinese authorities.
ByteDance and TikTok have always rejected accusations of being affiliated with Chinese governance authorities while regarding the law as an "extraordinary intrusion on free speech rights."
TikTok Creators Join the Legal Battle
To bolster its defense apparatus going forward, TikTok will be represented by eight big-name influencers including a Texan rancher and a baker from Tennessee.
Many of them rely on this platform for marketing their enterprises and to make revenues. This way they hope to bring to light just how much a ban could affect them.
The company's defense does not just focus on its business processes as well as practices but also on the consequences of such moves to First Amendment rights and freedom of speech of content creators on social media platforms.
Because some of the creators rely on the TikTok application to freely express themselves and earn, they raise awareness on the gravity of removing the TikTok app.
The DOJ will have to respond to TikTok's claims by pointing to issues with data protection and security in the country. The officials of the United States have expressed concern that the Chinese authorities may interfere with the dissemination of propaganda or gather information on other users of this application. This has seen the lawmakers demanding that the app be banned since they regard it as a security menace.
Nevertheless, some of the supporters stated that the ban on TikTok is a violation of the First Amendment and the beginning of limiting freedom of speech.
According to BBC, some commentators like Columbia University's Knight First Amendment Institute have questioned the impact of impacts of this decision on the overall state of free speech rights across the world. That is why they said that when the U.S., the leader of the free world, supports the law, other authoritarian governments will follow the example and block their citizens' access to information and foreign media outlets.
Free Speech Vs National Security.
Among the legal questions that arose in the TikTok case is whether the proposed ban violates the First Amendment.
Xiangnong Wang, an attorney with Knight First Amendment Institute accused lawmakers of making nonspecific claims of national security threats at the border.
"We can't think of any previous instance in which such a broad restriction on First Amendment rights was found to be constitutional on the basis of evidence that wasn't disclosed," he said.
On the other side, James Lewis from the Center for Strategic and International Studies says that the law was crafted deliberately with a view of passing through the legal hurdle.
He also said that commonly in most of the cases, courts rely on the decision of the president especially touching on matters of security hence giving the law a very strong legal base.
TikTok: What's Next in the United States?
Though, the final decision about TikTok might be taken by the U. S. Supreme Court the legal proceedings might continue for months.
More experts such as the vice president of Forrester, Mike Proulx are quick to point out that there is no "immediate" resolution to the situation on the horizon. He added that nothing is going to be fixed next week.
TikTok's fate, as we know, is still hanging by the thread. The deciding factor will be the key if it will be permitted to operate or not in the US.
