Free-speech groups have urged the U.S. Supreme Court to overturn a federal law that bans TikTok or forces its sale, arguing it mimics censorship practices of authoritarian regimes. In an amicus brief filed Friday, PEN America, Columbia University’s Knight First Amendment Institute, and Free Press warned that the law violates Americans’ First Amendment rights by restricting access to foreign media. They likened it to repressive tactics of the Soviet Union and modern China, where apps like Facebook, X, and YouTube are heavily restricted.
TikTok, owned by Chinese company ByteDance, is battling to stay online in the U.S. after Congress voted in April to ban it unless ByteDance sells the platform by January 19. The Justice Department claims TikTok poses a massive national security threat due to its data collection on American users, a concern linked to its Chinese ownership. Courts have largely supported the government’s stance, citing the need to protect Americans from foreign adversaries.
The free-speech advocates argue the best way to address privacy concerns is through comprehensive data legislation, not banning a widely-used platform for expression. They noted the irony of the U.S. potentially joining China in restricting TikTok, where only the censored domestic version, Douyin, is allowed. The brief called the ban a dangerous precedent that undermines fundamental freedoms.
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