- TikTok calls itself a foreign-owned US news organisation to fight forced sales or bans.
- TikTok lawyers have cited the First Amendment as a key part of their legal challenge to a federal law that requires ByteDance to sell TikTok to an approved buyer or face an injunction.
OUR TAKE
After this case, it is necessary for companies in a similar situation to TikTok to re-examine whether they are being protected by the same policies as US-based companies. The government should provide equal respect and protection for local and foreign tech companies, treating them equally in terms of intellectual property and business ownership, and supporting the development of technology businesses.
— Iydia Ding, BTW reporter
What happened
Last month, the U.S. Department of Justice argued in a legal brief filed with a federal appeals court in Washington that TikTok‘s parent company in China, ByteDance, as well as the platform’s global and U.S. affiliates, were not entitled to First Amendment protections because they were foreign organisations operating abroador owned by a single individual.
TikTok countered the U.S. government’s argument on Thursday, and TikTok lawyers have cited the First Amendment as a key part of their legal challenge to a federal law that requires ByteDance to sell TikTok to an approved buyer or face an injunction.
In a court filing last month, the Justice Department argued that ByteDance and TikTok had failed to make a valid free speech claim in their challenge to the law, saying the measure addressed national security concerns about TikTok’s ownership without targeting protected speech.Oral arguments in the case are scheduled to begin on 16 September.
Also read: Justice Department warns of TikTok’s potential election interference risks
Also read: US DOJ says TikTok collected US users’ views on sensitive issues
Why it’s important
The DOJ argued that ByteDance and TikTok did not make a valid free speech claim in their challenge to the law. The argument does not address TikTok’s concerns about protected speech and ownership rights. In the wake of this case, it is necessary for companies similarly situated to TikTok to re-examine whether they are protected by the same policies as U.S. companies.
It is important for the state to provide equal protection and support to local and foreign technology companies to promote healthy growth and innovation in technology businesses.
The government should give equal respect and protection to both local and foreign technology companies. Fairness and transparency in the marketplace can only be promoted if it ensures that all businesses compete on equal terms. It is even more important to support the development of technology enterprises by treating them equally in terms of intellectual property rights and business ownership.
