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NEWSLINE PAPER,- President Joe Biden gave official consent on Wednesday to legislation requiring TikTok's parent business to either face a ban in the US or divest the video-sharing site. But there could be major legal roadblocks in the way of this recently passed legislation.
Opponents of the demand for a sale or face banishment contend that it violates the First Amendment rights of TikTok users. Owner of the software, ByteDance, with its headquarters in China, has already promised to contest the action in court, calling it unconstitutional.
It is yet unclear, though, if a possible legal challenge will succeed. The American Civil Liberties Union and other opposition organisations contend that the government has not provided enough evidence to support the need of outlawing TikTok. On the other hand, some legal experts argue that national security issues might eventually win out.
Both political party legislators have long voiced worries about data privacy and content manipulation related to possible Chinese control over TikTok. Legislative action has been triggered by the growing political pressure even if hard data to back up these assertions is still hard to come by.
Legal analysts stress that, should it be upheld, this legislation may set a precedent that will have a significant impact on digital media in the US.
What thus does this imply for TikTok users?
The main issue is if the 170 million American users of TikTok will have their First Amendment rights violated by a ban. Opponents contend that limiting access to a platform that has grown essential for information exchange would stifle free speech. A major factor will be whether the law violates the speech content of TikTok, since content-based limitations are closely scrutinised.
TikTok is confident in its chances of winning as seen by its planned legal challenge. TikTok CEO Shou Chew expressed confidence in winning in court and reassured users that the company will zealously protect its rights. Nonetheless, the result of any lawsuit is yet unknown and can entail drawn-out legal processes that even make it to the Supreme Court.
TikTok's challenge is probably going to be met by the government bringing up issues related to national security, which were highlighted during the legislative process. Though some legal experts see national security arguments favourably, it's unclear why TikTok in particular has to be scrutinised in this way. Whatever happens, this legal dispute may have an impact on digital media legislation in the US going forward that goes beyond TikTok.
In conclusion, even if TikTok's future in the US is in jeopardy, the court battle highlights intricate problems with national security, free speech, and digital platform regulation in a global society growing more linked.
(Newsline paper Teams)