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FILE - The TikTok logo is displayed on a mobile phone in front of a computer screen, Oct. 14, 2022, in Boston. TikTok is gearing up for a legal fight against a U.S. law that would force the social media platform to break ties with its China-based parent company or face a ban. A battle in the courts will almost certainly be backed by Chinese authorities as the bitter U.S.-China rivalry threatens the future of a wildly popular way for young Americans to connect online. (AP Photo/Michael Dwyer, File)

TikTok has promised to sue over the potential US ban. What's the legal outlook?

Legislation forcing TikTok’s parent company to sell the video-sharing platform or face a ban in the U.S. has received President Joe Biden’s official signoff

By WYATTE GRANTHAM-PHILIPS
Published - Apr 25, 2024, 12:08 AM ET
Last Updated - May 27, 2024, 01:07 AM EDT

NEW YORK (AP) — Legislation forcing TikTok's parent company to sell the video-sharing platform or face a ban in the U.S. received President Joe Biden's official signoff Wednesday. But the newly minted law could be in for an uphill battle in court.

Critics of the sell-or-be-banned ultimatum argue it violates TikTok users' First Amendment rights. The app's China-based owner, ByteDance, has already promised to sue, calling the measure unconstitutional.

But a court challenge's success is not is not guaranteed. The law's opponents, which include advocacy organizations like the American Civil Liberties Union, maintain that the government hasn't come close to justifying banning TikTok, while others say national-security claims could still prevail.

For years, lawmakers on both sides of the aisle have expressed concerns that Chinese authorities could force ByteDance to hand over U.S. user data, or influence Americans by suppressing or promoting certain content on TikTok. The U.S. has yet to provide public evidence to support those claims, but some legal experts note that political pressures have piled up regardless.

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