The U.S. government, once again, wants to ban TikTok. The app has become an introvertible force on American phones since it launched in 2016, defining the sounds and sights of pandemic-era culture. TikTok’s burst on the scene also represented a first for American consumers, and officials—a popular social media app that wasn’t started on Silicon Valley soil, but in China.
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On March 13, the U.S. House of Representatives
While fashioned as a forced divestiture on national security grounds, let’s be real: This is a ban. The intent has always been to ban TikTok, to punish it and its users without solving any of the underlying data privacy issues lawmakers claim to care about. Texas Rep. Dan Crenshaw
But, as such, a ban of TikTok would eliminate an important place for Americans to speak and be heard. It would be a travesty for the free speech rights of hundreds of millions of Americans who depend on the app to communicate, express themselves, and even make a living. And perhaps more importantly, it would further balkanize the global internet and disconnect us from the world.
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This isn’t the first time the government has tried to ban TikTok: In 2021, former President Donald Trump issued an executive order that was
Trump also opened a national security review with the power to force a divestment, something Biden has continued to this day with no resolution; and last year, lawmakers looked poised to pass a bill banning TikTok, but lost steam after a high-profile grilling of its top executive. (Trump has done an
TikTok stands accused of being a conduit for the Chinese Communist Party, guzzling up sensitive user data and sending it to China. There’s not much evidence to suggest that’s true, except that their parent company ByteDance is a Chinese company, and China’s government has its so-called
In all of this, it’s important to remember that America is not China. America doesn’t have a Great Firewall with our very own internet free from outside influences. America allows all sorts of websites that the government likes, dislikes, and fears onto our computers. So there’s an irony in allowing Chinese internet giants onto America’s internet when, of course, American companies like Google and Meta’s services aren’t allowed on Chinese computers.
And because of America’s robust speech protections under the First Amendment, the U.S. finds itself playing a different ballgame than the Chinese government in this moment. These rights protect Americans against the U.S. government, not from corporations like TikTok, Meta, YouTube, or Twitter, despite the fact that they do have outsized influence over modern communication. No, the First Amendment says that the government cannot stop you from speaking without a damned good reason. In other words, you’re protected against Congress—not TikTok.
The clearest problem with a TikTok ban is it would immediately wipe out a platform where
Still, the Supreme Court
Further, the government has repeatedly failed to pass any federal data privacy protections that would address the supposed underlying problem of TikTok gobbling up troves of U.S. user data and handing it to a Chinese parent company. Biden only made moves in
There is legitimate concern in Washington and elsewhere that it’s not the government that controls so much of America’s speech, but private companies like those bred in Silicon Valley. But the disappearance of TikTok would further empower media monopolists like Google and Meta, who already control
Since it launched in 2016, TikTok has been the most influential social media app in the world, not because it affects public policy or necessarily creates monoculture—neither are particularly true, in fact—but because it has given people a totally different way to spend time online. In doing so, it disrupted the monopolies of American tech companies like Meta, which owns Facebook and Instagram, and forced every rival to in some way mimic its signature style. There’s Facebook and Instagram Reels, YouTube Shorts, Snapchat Spotlight, and every other app seems to be an infinitely-scrolling video these days.
Still, Americans choose to use TikTok and their conversations will not easily port over to another platform in the event of it being banned. Instead, cutting through the connective tissue of the app will sever important ways that Americans—especially young Americans—are speaking at a time when those conversations are as rich as ever.
The reality is that if Congress wanted to solve our data privacy problems, they would solve our data privacy problems. But instead, they want to ban TikTok, so they’ve found a way to try and do so. The bill will proceed to the Senate floor, then to the president’s desk, and then it will land in the U.S. court system. At that point, our First Amendment will once again be put to the test—a free speech case that’s very much not in the abstract, but one whose results will affect 170 million Americans who just want to use an app and have their voices be heard.