The U.S. Department of Justice (DOJ) has filed its response to a civil suit brought by TikTok aimed at preventing a law that would force the app to be sold or face a ban in the United States.
In its lawsuit filed in a Washington federal court, TikTok argues that the law violates its parent company ByteDance's First Amendment right to free speech.
However, the DOJ counters that the law is focused on national security concerns, not speech, and that ByteDance, as a Chinese company, cannot claim First Amendment protections.
The DOJ filing outlines concerns that ByteDance could comply with potential demands from the Chinese government for data on U.S. users or succumb to pressure to censor or promote certain content on the platform, according to senior DOJ officials who briefed reporters.
"The goal of this law is to ensure that young people, old people and everyone in between is able to use the platform in a safe manner," a senior DOJ official stated.
"And to use it in a way confident that their data is not ultimately going back to the Chinese government and what they're watching is not being directed by or censored by the Chinese government."
The DOJ argues that the law's focus on TikTok's foreign ownership takes it outside the realm of First Amendment protections. U.S. intelligence agencies are worried that China could "weaponize" mobile apps, the officials said.
TikTok has maintained that the demanded divestiture is "simply not possible" within the required timeline. The law signed by President Biden earlier this year set a mid-January 2025 deadline for TikTok to find a non-Chinese buyer or face a U.S. ban, which the White House can extend by 90 days.
