TikTok knows that it has great strength, which is what its users give it. It has more than 170 million in the United States alone and they are not planning to throw in the towel, despite accusations that they are a threat to national security as a tool of Chinese espionage.
So this platform filed a lawsuit in the courts of Washington on Tuesday against the US Government with the aim of stopping the implementation of the regulation approved last month, the purpose of which is that the Chinese owners of this application will be sold in the next few months or its use will be prohibited.
The lawsuit posits that the so-called law protecting Americans from applications controlled by adversaries violates the constitutional mandate that protects freedom of expression.
Specifically the qualification of "unprecedented violation" of the first amendment. President Joe Biden signed the bill into law on April 24.
"For the first time in history, Congress has enacted a law that subjects a single platform to a permanent nationwide ban," the court document says.
This rule "prohibits Americans from participating in a single online community that has more than 1 billion followers worldwide," TikTok insists in its complaint.
The company argues that invoking national security concerns is not sufficient reason to restrict freedom of expression. And it places on the Federal Government the obligation to demonstrate that the restriction is justified.
The law, sponsored by lawmakers from both parties, requires ByteDance, TikTok's parent company, to sell the platform within nine months. The final date is January 19, 2025. If the sale is ongoing, the company will have three more months.
ByteDance countered that it has no intention of selling TikTok. But even if it wanted to close its investment in the United States, the company would have to receive the blessing of Xi Jinping's Executive, which rejects a forced sale.
The dispute generated by this social network takes place at a time of tension between Washington and Beijing, especially in areas such as advanced technology, AI and data archiving. TikTok has a huge amount of information from Americans.
Several states set precedents in the vetoes, although they remain in the air due to legal actions, for fear of the manipulation of the algorithms to alienate users. TikTok responded with aggressive advertising campaigns to emphasize its importance to many people.
There are contradictions. There are politicians, for example, who are against it, but open an account for the electoral campaign.
On Monday, at the press launch at the Metropolitan Museum in New York of the fashion exhibition leading up to the famous gala, the front row of seats was reserved for TikTok. It is one of the main sponsors.
"It's an important way to show how a significant company helps bring one of our major exhibitions to life and also connects us with the public," said Max Hollein, director of the Met.
Despite the legal ultimatum, Hollein insisted that TikTok operates legally. "It's a very good way to get involved and also get involved in the culture of the United States," he added.
Where some see spies, others see an opportunity.
