The TikTok Ban That Isn't
The Supreme Court did not appear to buy TikTok's arguments last week.
The ongoing debate about TikTok and its Chinese parent company, ByteDance, is once again at the forefront of national security discussions, now reaching the Supreme Court. ByteDance’s refusal to sell TikTok, even under the threat of a U.S. ban, highlights an alarming reality: TikTok is not just a social media app. It’s a data-gathering juggernaut tethered to the Chinese Communist Party (CCP), raising profound concerns about national security and personal privacy.
At its core, this issue isn’t about content moderation or free speech. ByteDance and its defenders argue that forcing a sale of TikTok infringes on First Amendment protections. They claim that the government has “no valid interest in preventing foreign propaganda.” This argument not only misinterprets the First Amendment but also sidesteps the real issue—data security.
The National Security Threat
TikTok scrapes an extraordinary amount of personal information from its users, far beyond what is typical for a social media platform. This data isn’t just innocuous metadata; it includes behavioral patterns, geolocation, device information, and more. Given ByteDance’s ties to the CCP, this data is readily accessible to a foreign government with a documented history of exploiting information for propaganda and espionage.
It is the second feature of TikTok — its ownership and location — that presents the national security challenge. As the U.S. Court of Appeals in Washington, D.C., in an outstanding opinion by Judge Douglas H. Ginsburg, found, TikTok’s “ultimate parent” is a company called ByteDance, which is “headquartered in China” and conducts “significant operations there.” ByteDance has created a series of shell companies to attempt to obscure Chinese ownership and operation of TikTok, but both President Trump and President Biden issued executive orders specifically finding that TikTok was controlled by Chinese interests.
In the law before the Supreme Court this week, the “Protecting Americans Data from Foreign Adversary Controlled Applications Act,” Congress and the president agreed that ByteDance was beholden to the PRC, which they deemed a “foreign adversary” (along with Russia, Iran, and North Korea). They also have agreed that the PRC requires its companies to provide the government with full access to the data they collect to fully cooperate with PRC authorities. According to the D.C. Circuit, that law was the “culmination of extensive, bipartisan action by the Congress and by successive presidents.”
Imagine millions of Americans’ personal data—potentially including that of politicians, military personnel, and their families—stored on servers accessible to Beijing. This isn’t fear-mongering; it’s a documented risk. In China, the government exercises sweeping authority over private companies. Any data collected by ByteDance can be requisitioned by the CCP. The implications for national security are staggering.
The Free Speech Red Herring
TikTok influencers and some civil liberties advocates are framing the issue as a violation of free speech. They claim that shutting down TikTok or forcing a sale is tantamount to government censorship. This is categorically false. The proposed law doesn’t target speech or content. It targets the infrastructure—the app itself—which poses a security threat.
Americans are free to express themselves on countless platforms, and shutting down TikTok wouldn’t stop anyone from spouting pro-China rhetoric or anti-government sentiments. The First Amendment ensures the right to free speech, but it doesn’t guarantee a foreign company the right to operate a data-harvesting app on U.S. soil, particularly when it poses a security risk.
A Time for Innovation
Should TikTok shut down, it creates an opening for American companies to innovate in the short-form video space. Platforms like Instagram Reels and YouTube Shorts have already begun to compete, but the absence of TikTok could give them a chance to dominate.
Additionally, Elon Musk could revive Vine, a once-popular short-form video app. These platforms would not only fill the void but also keep data securely within U.S. jurisdiction.
The Real Issues
ByteDance has made it clear that it values its relationship with the CCP over its ability to operate in the United States. Their refusal to sell TikTok, even under the threat of a ban, speaks volumes. This isn’t about free speech; it’s about protecting American citizens and national security. The Supreme Court must uphold Congress’s right to take action against platforms that pose clear and present dangers.