TikTok Challenges First Amendment Stance Amid National Security Concerns

TikTok is challenging the U.S. government's stance that it lacks First Amendment protections due to foreign ownership. The Justice Department insists TikTok's ownership raises national security concerns, arguing against the app's free speech claims. TikTok compares itself to U.S. media entities with foreign owners to seek constitutional protections.

TikTok pushed back on Thursday against U.S. government claims that the social media giant does not qualify for First Amendment protections, highlighting comparisons to American media organizations owned by foreign entities. The Justice Department last month argued in a legal brief that neither TikTok's China-based parent company ByteDance nor the platform itself are endowed with these protections because of their foreign ownership. TikTok attorneys maintain that the platform's U.S. operations do not forfeit constitutional rights due to its ownership structure, pointing to U.S.-based outlets like Politico and Fortune which also have foreign owners.

The Biden administration and TikTok have been negotiating to address national security concerns but have failed to reach an agreement. The government argues that TikTok's proposals do not sufficiently separate its U.S. operations from China and do not address key concerns. The Justice Department has indicated that data transfers between TikTok and ByteDance employees in China remain a significant issue. TikTok countered, stating that some inadequacies claimed by the government had not been raised during prior negotiations.

In a separate move, the DOJ requested the court to submit evidence under seal due to classified information involved. Oral arguments in this case are set to commence on September 16.

(With inputs from agencies.)