The court blockade battle, TikTok and the U.S. government are on the verge of a desperate game
Since 2020, TikTok, a popular short-form video platform, has been operating indefinitely in the United States. It continues to be listed as a "national security threat" by the US authorities and has been subjected to political repression. Now this wave of harsh confrontation against TikTok has finally reached its peak - on May 7, TikTok officially showed its sword to the U.S. federal government, and the legal battle between the two is about to break out.
In April 2023, the Biden administration finally officially signed the bill, which once again ignited the detonator of TikTok's fate in the United States. The core of this frightening bill for TikTok is to require TikTok's parent company, ByteDance, to sell TikTok to a U.S. buyer before January 15, 2024, otherwise TikTok will be completely blocked in the entire United States and a death sentence will be pronounced on this land.
Faced with the grim situation of life and death, TikTok counterattacked on May 7 and formally filed a lawsuit against the US government's ban. TikTok believes that such a unilateral blanket ban on a specific speech platform is a flagrant violation of citizens' basic right to free speech under the U.S. Constitution.
TikTok is seen as a "flood beast" that is pervasive
From the Trump administration to the current Biden administration team, from Congress to various departments of the federal government, the determination of the United States to crucify TikTok can be seen.
In the eyes of those in power in the United States, TikTok is a "flood beast" from the East, which hides a conspiracy to steal Americans' privacy and data and manipulate American public opinion. Therefore, completely eradicating it from the United States has become an out-and-out "politically correct" behavior of the United States.
It all started back in 2020. Back then, the Trump administration ordered a ban on TikTok operating in the United States. In response, TikTok took the Trump administration to court, citing violations of legal process and lack of evidence in the United States, and ultimately won. But this is only TikTok's temporary escape.
After 3 years, the midterm elections are over after Biden takes office, and the Republicans in Congress and the hawks in the Democratic Party play 427 games with each other, and finally re-act in 2023, using the "kill or don't sell" ban bill in an attempt to force TikTok firmly to a dead end.
In desperation, TikTok can only make a desperate bet, once again pinning its hopes on the court, and fight to the death. TikTok believes that Congress and the government have trampled on the spirit of the Constitution for their own selfish interests, and put freedom of speech in the era of big data under the groundless suspicion of national security, which is really a violation of the principle of governance.
Freedom of speech VS national security, two major legal principles are opposed
In the lawsuit, TikTok pointed out categorically that the ban bill passed by the U.S. Congress is the first permanent national ban on a single, designated speech platform, directly depriving hundreds of millions of U.S. citizens of the right to participate in a unique online community of 1 billion people around the world.
This is undoubtedly a flagrant violation of the freedom of speech granted by the Constitution. Since the inception of the platform, TikTok has always adhered to the principle of neutrality and openness, and it is by no means "manipulating public opinion" as some congressmen have rendered.
At the same time, TikTok also stressed that when Congress enacted this ban, it did not provide any substantial evidence that TikTok really poses a real threat to US national security. In other words, the US has put TikTok, an important global platform, in the line of fire based on suspicion and speculation.
Obviously, the court wants to dig deeper: what exactly is the harm? Is it a harmless video shared by a few international students on Twitter? Or great clips and creative special effects on short videos? Or is it some popular content that criticizes U.S. policy? Wouldn't that elevate "picking quarrels and provoking trouble" to the national level?
It can be seen that the two legal principles of "freedom of speech" and "national security" are still very different in the TikTok lawsuit. The United States has always claimed to be the guardian of free speech, but it has been bold when it comes to ensuring national security. In this legal battle, which party's reasons are more reasonable and convincing is the key to determining the survival of TikTok's prospects in the United States.
The technological confrontation between China and the United States has intensified and escalated
TikTok's wanton suppression, which the current U.S. government regards as a potential "enemy", reflects the ominous trend of intensifying and escalating confrontation between China and the United States in the tech sector.
TikTok, as a popular app that is favored by young people around the world, is actually just a microcosm of the United States' all-round suppression of China's technological development. Banning WeChat operations, blocking Huawei's 5G equipment exports, and sanctioning ZTE are all unreasonable suppressions launched against Chinese technology companies at different levels and in different fields.
This kind of bandit logic, which is based on the supremacy of "self-grasping" authority and "I win" in everything, is precisely the repeated externalization of the stubborn disease of the current "tiger" diplomacy of the United States. As long as the core interests of national competitiveness and strength are at stake, the US side will justifiably obstruct them and ignore international law and rules.
There is no doubt that TikTok's battle will be a major milestone legal battle, and its outcome will not only affect TikTok's own life and death, but also affect the future direction of the Sino-US technological confrontation. Of course, we hope that TikTok will finally get justice, but in any case, this wanton and self-contained techno-nationalist confrontation will inevitably put all of humanity in a predicament.
TikTok was forced to embark on the road of legal counterattack in the United States, which has attracted great attention from global tech giants. Google, Meta and other companies have said they are also ready to sue the U.S. government if TikTok loses the lawsuit.
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