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Introduction:

TikTok, the social media giant beloved by millions, finds itself at the center of a contentious legal battle with the U.S. government, challenging a potential nationwide ban as unconstitutional. This legal confrontation was sparked by a new law demanding TikTok disassociate from its Chinese parent company, ByteDance, or face prohibition within the United States. This case raises significant questions about free speech, privacy, and national security, highlighting the complex digital landscape where international politics and American civil liberties collide. As TikTok argues for its survival in the U.S. market, claiming that the ban infringes on the constitutional rights of its users, we delve into the intricacies of the case and its broader implications for global tech companies operating in the U.S. Join us as we explore this unfolding drama that could set a precedent for the future of social media regulation and freedom of expression online.

TikTok challenges U.S. ban in court, calling it unconstitutional

Warm-up question:

Have you ever used TikTok? Does it concern you if a foreign government has access to some of your personal data?

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ARI SHAPIRO, HOST:

We knew it was coming, and now it’s here. TikTok is challenging the U.S. government in a fight for its survival. The company filed suit in a federal court in D.C. today. This comes less than two weeks after a new law took effect mandating TikTok be sold in a year or be banned nationwide. NPR tech correspondent Bobby Allyn is here. Hey, Bobby.

BOBBY ALLYN, BYLINE: Hey, Ari.

SHAPIRO: Describe what TikTok says in this challenge to the ban.

ALLYN: Yeah, TikTok says it is being unfairly singled out. They say banning an entire social media platform would deprive millions of Americans from expressing themselves on the app. You know, TikTok has around 170 million users, so that’s, like, half of America – a lot of people, right? And lawyers for TikTok say a ban would be unprecedented and, quote, “obviously unconstitutional.”

But those who support the law, Ari, say, wait a minute – no, this is not a ban law. What it really does is push TikTok to divorce itself from its Chinese parent company, ByteDance. And if it doesn’t do that in 12 months, well, OK, then it will be banned. It’s about fully cutting off ties with China, supporters say. But TikTok counters with, well, that framing is a little off because TikTok just really can’t function without its parent company, ByteDance.

SHAPIRO: Why would that be?

ALLYN: Well, TikTok says ByteDance engineers in China help maintain and update the algorithm. And remember, the algorithm is kind of the secret sauce of TikTok. TikTok wouldn’t be TikTok without it. It’s why the app is such a hit and why you just can’t put it down. You know, it just learns your preferences super fast and serves you up hyperpersonalized videos, really, endlessly. Whether you like skateboarding or whether you like surfing – you name it, you’re going to get a lot of what you like on TikTok because of this algorithm.

And it is owned – the algorithm is owned by ByteDance, and ByteDance says it’s not willing to sell the algorithm, so TikTok says the law giving the company the ultimatum of sell or be banned is really just telling TikTok to be banned because they say we don’t have a for-sale sign out. We’re not trying to sell to anyone.

SHAPIRO: TikTok’s been in court many times before, and national security has often been an issue. What’s changed?

ALLYN: Yeah, you know, not much. Yes, the Trump administration twice tried to ban TikTok on national security grounds, and those efforts were overturned in the courts for reasons including that, you know, courts saw this as a free-speech violation. Montana also tried to ban the app in the state, and there, too, a federal judge said the effort was a First Amendment violation. Now the Justice Department is going to try to give it a shot. They’re expected to say the national security concerns are the most important thing here – that if TikTok doesn’t sever ties with ByteDance, it’s just too much of a risk.

And, you know, Ari, I’ve talked to constitutional scholars who have said government speech restrictions are very hard to do. But if a national security case is supported, it’s possible. And remember, the fear that the Chinese government could use TikTok to spy on Americans or push disinformation is a bipartisan issue and something that’s gotten a lot more scrutiny and a lot lot more lawmakers energized ahead of a election in November.

But in this court battle, a key question will be what kind of evidence will the government be bringing to back up its national security concerns because, to date, those fears have been mostly hypothetical. China could, in theory, weaponize TikTok against Americans, but, Ari, we just haven’t seen that yet.

SHAPIRO: This challenge was just filed. In a couple sentences, where does it go from here?

ALLYN: We’ll see what the appeals court says. TikTok did file this in a D.C. appeals court, not a D.C. district court. And that’s sort of odd, but that’s how the law described TikTok was to challenge the law. We’re expecting hearings coming up. And, you know, most legal watchers say this court battle might just end up in front of the U.S. Supreme Court, so we’ll have to see.

SHAPIRO: NPR’s Bobby Allyn, Thank you.

Vocabulary and Phrases:

• Filed suit: To officially take legal action; to sue.
• Unprecedented: Never done or known before; without previous example.
• Counter: To respond to a challenge or action with an opposing viewpoint.
• Framing: The way something is presented or perceived.
• Secret sauce: A unique feature or practice that makes something successful or distinctive.
• Ultimatum: A final demand or statement of terms, the rejection of which will result in retaliation or a breakdown in relations.
• Give (something) a shot: To try something, typically in the hope of success.
• Sever ties: To end a relationship or association, often by formal action.
• Disinformation: False information spread deliberately to deceive people.
• Bipartisan: Involving the agreement or cooperation of two political parties that usually oppose each other’s policies.
• Hypothetical: Based on or involving a hypothesis; supposed but not necessarily real or true.
• Odd: Different from what is usual or expected; strange.

Comprehension Questions:

1. What action did TikTok take in response to the new U.S. law affecting its operations?
2. What is the main argument TikTok uses against the ban in its legal challenge?
3. Why does TikTok argue that it cannot function without ByteDance, its parent company?
4. What has been the historical outcome of previous attempts to ban TikTok in the U.S.?
5. How does TikTok’s algorithm play a crucial role in its success according to the report?

 Discussion Questions:

1. What do you think about the argument that banning TikTok could infringe on free speech? Do you agree or disagree, and why?
2. How important do you think it is for social media platforms to be independent of foreign influence, especially from countries with different political systems?
3. Discuss the role of “secret sauces” in businesses. Can you think of other examples where a unique feature has made a business highly successful?
4. How do you think the government should handle national security concerns related to foreign-owned apps like TikTok?
5. What are your thoughts on the use of ultimatums in negotiations or legal disputes? Have you ever experienced a situation where an ultimatum was given, and what was the outcome?