TikTok’s CEO Shou Chew said Wednesday that the company would go to court to try to remain online in the United States. TikTok has a strong record of winning cases in court and hopes that the potential ban signed into law by President Joe Biden will not change this precedent.
In a two-minute-long video posted on the app’s corporate account, Chew denounced the law and said, “Rest assured, we aren’t going anywhere.” He added, “We are confident and we will keep fighting for your rights in the courts. The facts and the Constitution are on our side, and we expect to prevail.”
The law would not go into effect for nine months, giving TikTok’s parent company, ByteDance, a chance to sell the app rather than be banned nationwide. The ban was enacted out of fear of propaganda and security breaches from the Chinese. However, the nine-month delay means that the ban would go into effect after the conclusion of the 2024 presidential election, giving voters plenty of chance to be swayed by what they see on the app.
The debate surrounding TikTok is centered around free speech and the future of social media, data security, and who is determining what Americans see online. ByteDance is based in Beijing, which perpetuated the idea that U.S. users’ data is not safe and that China could use the app to spy on them. Proponents of the ban also believe that China could use TikTok to further the country’s foreign policy aims and spread propaganda. In response, TikTok has stated it is working to alleviate security concerns by storing data in the United States. The company has also denounced propaganda concerns; Chew is from Singapore, not China.
The app has a track record of winning court cases in the United States and it is entirely possible that the ban will not be upheld if TikTok takes it to court. A federal judge blocked an attempt by former President Donald Trump to ban the app in 2020, ruling that the order was “arbitrary and capricious.” A different federal judge echoed this sentiment when he blocked an attempt by the state of Montana to ban TikTok statewide. Ruling in favor of the five content creators who sued, he said that the law “oversteps state power and infringes on the constitutional rights of users.” If this logic continues to be followed, the ban signed into law by President Biden will be on shaky ground.
In his video, Chew expressed that speculation TikTok would be sold to a non-Chinese owner to placate the U.S. government was false. “Make no mistake. This is a ban: a ban on TikTok and a ban on you and your voice. Politicians may say otherwise but don’t get confused. Many who sponsored the bill admit a TikTok ban is the ultimate goal,” he said.
He also urged creators on the platform to speak up to help keep the app active. “While we make our case in court, you’ll still be able to enjoy TikTok like you always have. In fact, if you have a story about how TikTok impacts your life, we would love for you to share it to showcase exactly what we’re fighting for,” he said.
