TikTok US Ban Lawsuit: Briefs Reveal First Amendment Arguments of the Company, Creators

TikTok's latest filing banks heavily on the US' First Amendment.

The latest on TikTok's fight against the United States government and its ban on the app saw another filing today, alongside several content creators, both centering on the constitution's First Amendment. In the filings, it was regarded by the short video app that it had numerous conversations with the US government about 'mitigating' the alleged national security risks that TikTok brings.

Many experts have previously weighed in on TikTok's case against the US to rely heavily on the First Amendment, which centers on free speech. Oral arguments will start this September to hear both sides.

TikTok US Ban Lawsuit: New Briefs Reveal First Amendment Arguments

The District of Columbia Circuit Court received filings from TikTok and content creators, which expanded their arguments more, centering on its assertion of the First Amendment of the US Constitution, according to The Verge.

TikTok
TikTok is the official entertainment partner for the Esports World Cup in Riyadh, offering exclusive content and interactive experiences on its platform. LOIC VENANCE/AFP via Getty Images

The latest filings claim they are adamant against the alleged violation of the Foreign Adversary Act to the First Amendment. While its initial complaint was already hashed out in the earlier filing, this latest one details more of the talks between TikTok and the US government regarding its efforts to help alleviate the said national security risks.

However, it was regarded that these were ignored as the US lawmakers passed it into law.

TikTok, Content Creators Go Against United States' Ban

In its latest filing, TikTok stated that its operations are independent of ByteDance, its Chinese parent company, which is the main focus of this scrutiny. The platform also added that it planned to launch a 'Dedicated Transparency Center' with Oracle, where ByteDance employees are prohibited.

The oral arguments will take place this September. The court will hear the separate cases of TikTok and the content creators who are fighting against this US ban.

TikTok and the Foreign Adversary Act

Back when there were only talks behind TikTok's lawsuit against the United States for passing the Foreign Adversary Act as a law, there are experts who have shared that they believe the platform would make a case based on the First Amendment. TikTok is known for being a social media platform where creators and influencers voice out various content, and its ban means losing a platform to air these.

Apart from the lawsuit, TikTok and ByteDance have been vocal against the Foreign Adversary Act. It is known that both companies are designated as one and required to divest to continue operations in the country. With this in mind, both entities also push to block this new law, marking the beginning of their fight against the country.

In less than three months, TikTok will have a chance to voice its opposition to the new US law, with the country, its judicial body, and its lawmakers also given a chance to hash it out with the company. That being said, the latest filing from both plaintiffs is now here, centering on the First Amendment for their case against the platform's ban.

Isaiah Richard
Tech Times
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