TikTok Ban Sparks Free Speech Debate

BY: JILLIAN PETERS AND KATELYN HEITERT / CONTRIBUTING WRITERS

Photo via Fox Business

On January 18, 2025, TikTok became unavailable in the United States for approximately 14 hours due to a federal law passed the day prior, targeting foreign-owned social media platforms. This temporary prohibition generated enormous controversy across the U.S., disrupting creators' revenues and leading to a broader discussion of free speech. 

Based in Beijing, China, ByteDance is a private global internet technology firm that owns TikTok. The National Intelligence Law of 2017 compels Chinese firms to support government intelligence operations at the government's request. The Chinese government may gain access to the data that TikTok collected, which alarmed the U.S. administration.

On January 17, the Supreme Court upheld the Protecting Americans from Foreign Adversary Controlled Applications Act, which required ByteDance to divest its U.S. operations or face a nationwide ban. TikTok responded by suspending its services for American users the following day, marking the first time the platform was forcibly taken offline in the U.S. 

Users received error messages on January 18, which led to social media outrage and confusion. TikTok restored service after the outage lasted less than 48 hours, and President Donald Trump signed an executive order on January 20, postponing the implementation of the ban by 75 days. 

Supporters of the ban contend that it is essential for national security because they are concerned that the Chinese government may get American data or spread false information. “This is about sovereignty, not speech”, said Missouri Senator Josh Hawley. 

The American Civil Liberties Union (ACLU) and other civil liberties organizations claim the ban is unconstitutional under the First Amendment. ACLU attorney Vera Eddins warned that banning an entire platform stifles political activism and community building.

In a tweet posted on April 22, 2024, Donald Trump accused President Joe Biden of using the ban to interfere with the 2024 election. Trump claimed the ban boosted Biden's allies on Facebook and urged voters to remember this when casting their ballots. His post, which received significant engagement, also criticized Biden for “destroying our country” and posing “A MAJOR THREAT TO DEMOCRACY.”

TikTok's temporary shutdown caused an even bigger debate about digital voice and state oversight, given the ongoing tensions between the United States and China. It is the first time a social media platform with a mass American base has had to take itself offline despite bans on other foreign apps. “It is a breaking point”, said technology expert Jamie Ford. “It sets a precedent where government pressure gets digital platforms to take themselves down.” 

With the 75-day extension, ByteDance faces mounting pressure to divest its U.S. operations, causing a legal battle over free speech. The TikTok ban also reflects the U.S.-China struggles for global tech dominance, as both nations vie for supremacy in advanced technology and digital platforms. There may also be diplomatic fallout, as China may retaliate by restricting U.S. companies, disrupting global markets, and heightening tensions. 

Senator Mark Warner presented the RESTRICT Act in March 2023, which gives the U.S. government the authority to prohibit foreign applications that pose a danger to national security. Republicans and Democrats have different reasons for supporting the ban. Democrats are worried about the misuse of American user data, while republicans prioritize national security. 

Opponents argue the ban could limit free speech and control online information flow. Several states, including Texas, Montana, and Florida, have banned TikTok over data privacy concerns on government-issued devices. Montana's law, which sought to ban TikTok statewide, was blocked because it violated citizen’s First Amendment rights. 

As calls for a ban continue to increase, TikTok opened "Transparency Centers" to provide U.S. experts with insight into its operations. The company also proposed "Project Texas," a plan to store all U.S. user data within the U.S. through partnerships with American companies like Oracle to prevent foreign access to American data. 

TikTok creators have spoken out against the ban, saying the app allowed them to express themselves and launch businesses. Some even traveled to Washington, D.C., to speak with lawmakers. Employees at TikTok in the U.S. have said they worry about losing their jobs in the case of a ban, highlighting the economic effects of the shutdown.