TikTok argues US overstates Chinese ties in legal fight over ban

TikTok pushed back on the U.S. government’s claims about the app’s ties to China in a new court filing as it challenges the constitutionality of a law that requires its Beijing-based parent company ByteDance to divest or face a U.S. ban. 

In a brief filed Thursday night, the popular social media app argued that despite its foreign ownership, TikTok is a U.S. company and enjoys First Amendment protections, comparing itself to foreign-owned American media companies. 

“TikTok Inc., a U.S. company, is not stripped of First Amendment protection because it is ultimately owned by ByteDance Ltd., a Cayman-incorporated holding company,” the filing reads. “Does the government seriously believe, for example, that Politico (owned by a German company) has no First Amendment rights?” 

“Surely the American companies that publish Politico, Fortune, and Business Insider do not lose First Amendment protection because they have foreign ownership,” it later continues. 

TikTok emphasized that its recommendation engine is in the U.S. under the protection of American software company Oracle and that U.S. user data resides in “the secure Oracle cloud.” 

It also noted the U.S. government has acknowledged it has no evidence China has ever manipulated the content Americans see on TikTok or accessed U.S. user data. 

The company initially sued over the divest-or-ban law in May, shortly after it was signed by President Biden. The measure passed both the House and Senate with wide bipartisan majorities in April as part of a larger foreign aid package. 

Under the law, ByteDance has until Jan. 19 to divest from TikTok or risks facing a ban on U.S. networks and online app stores, although this deadline could be extended 90 days by the president.