More than 50 US lawmakers, 21 states back DOJ in TikTok lawsuit

On Friday, a coalition of 21 states and over 50 U.S. lawmakers supported the Justice Department’s defense of a law requiring China-based ByteDance to divest TikTok’s U.S. assets by January 19 or face a ban. The law, they argue, is crucial for addressing national security and consumer privacy concerns.

“TikTok poses a national security threat and risks exposing American data to the Chinese Communist Party,” stated a court filing led by the attorneys general of Montana and Virginia.

In a separate filing, more than 50 lawmakers, including U.S. Representative John Moolenaar and Representative Raja Krishnamoorthi, emphasized that the law offers a clear path for addressing the national security risks associated with TikTok’s ownership.

TikTok, ByteDance, and a coalition of TikTok creators have filed lawsuits to block the law, which could impact the app used by 170 million Americans. The U.S. Court of Appeals for the District of Columbia is scheduled to hear arguments on September 16, just before the 2024 presidential election.

The congressional filing, signed by notable figures like House Majority Leader Steve Scalise, former House Speaker Nancy Pelosi, Senator Marco Rubio, and Representative Frank Pallone, asserts that Congress’s intent was to safeguard national security, not to target ByteDance.

TikTok has countered, arguing that the filings disregard the lack of supporting evidence for the ban and assert that the law infringes on the First Amendment rights of its U.S. users. The measure, passed overwhelmingly by Congress in April, reflects deep concerns over potential data access and espionage threats from China. The Justice Department recently urged the appeals court to reject challenges to the law, emphasizing the serious national security risks posed by TikTok.