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tiktok ban
TikTok Sues US Government Over 'Unconstitutional' Potential Ban
One expert said legislators' admissions "that the ban was motivated by a desire to suppress content about the Israel-Gaza conflict will make the law especially difficult for the government to defend," said one First Amendment expert.
May 07, 2024
A top First Amendment expert on Tuesday said TikTok has a strong case against the U.S. government as the social media platform filed a federal lawsuit against a potential ban—particularly since proponents of the law have admitted it is aimed at blocking Americans' access to news out of Gaza.
The platform filed the lawsuit against U.S. Attorney General Merrick Garland in the U.S. Court of Appeals for the District of Columbia Circuit nearly two weeks after President Joe Biden signed the Protecting Americans From Foreign Adversaries Act into law as part of a larger foreign aid package.
Under the law, TikTok parent company ByteDance, a Chinese firm, has 270 days to sell the platform, allowing it to continue operating in the U.S. If it does not sell TikTok, the app will no longer be available on U.S. networks and app stores.
As Common Dreams reported Monday, Republican lawmakers including U.S. Rep. Mike Lawler (R-N.Y.) and Sen. Mitt Romney (R-Utah) have linked TikTok to the burgeoning anti-war protest movement spreading across the U.S., with the latter saying in an interview with Secretary of State Antony Blinken last Friday that "there was such overwhelming support" in Congress to shut down TikTok because of the frequent posting of Palestine-related content on the app.
"Restricting citizens' access to media from abroad is a practice that has long been associated with repressive regimes, so it's sad and alarming to see our own government going down this road," said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University, on Tuesday. "TikTok's challenge to the ban is important, and we expect it to succeed. The First Amendment means the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it—and no such reason exists here."
"The fact that some legislators have acknowledged that the ban was motivated by a desire to suppress content about the Israel-Gaza conflict will make the law especially difficult for the government to defend," Jaffer added.
The law's sponsors claim it "is not a ban because it offers ByteDance a choice: divest TikTok's U.S. business or be shut down," reads the lawsuit. "But in reality, there is no choice. The 'qualified divestiture' demanded by the act to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally."
Even if selling the app within the time frame was feasible, added TikTok and ByteDance, the law "would still be an extraordinary and unconstitutional assertion of power," ultimately allowing Congress to "circumvent the First Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down."
"And for TikTok, any such divestiture would disconnect Americans from the rest of the global community on a platform devoted to shared content—an outcome fundamentally at odds with the Constitution's commitment to both free speech and individual liberty," the plaintiffs continued.
At The Philadelphia Inquirer on Tuesday, columnist Will Bunch noted that about a third of Americans between the ages of 18-29 get their news from TikTok, according to a recent Pew survey—as Romney openly stated he fears last week.
As Bunch wrote:
During the war in Gaza, most mainstream Western journalists have been blocked from entering the war zone. The best source of real-time information is often the phone video of airstrikes and their aftermath either shot by Palestinian journalists—more than 90 of whom have been killed—or civilian bystanders. Look, there's disinformation about every issue on social media—it's a serious problem. I'm a clueless boomer myself about TikTok, but I do spend way too much time on X/Twitter and I can tell you exactly what is radicalizing young people about Gaza.
The reason so many under-30 folks have adopted the Palestinian cause isn't disinformation, from Hamas or China or anyone else. They've been radicalized by the truth—daily videos of young children, some of them bloodied, some of them already dead, covered in dust and targeted by 2,000-pound dumb bombs made right here in America.
"If the real motivation for zapping TikTok from your phone is to silence legitimate political speech, just because a lot of members of Congress don't like it," wrote Bunch, "then this bill is the worst attack on the First Amendment since the government was sending World War I critics like Eugene V. Debs and Kate Richards O'Hare to prison, more than 100 years ago."
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Romney Admits Push to Ban TikTok Is Aimed at Censoring News Out of Gaza
A conversation between Secretary of State Antony Blinken and the Republican senator offered an "incredible historical document" showing how the U.S. views its role in the Middle East.
May 06, 2024
A discussion between U.S. Secretary of State Antony Blinken and Sen. Mitt Romney over the weekend included what one critic called an "incredible mask-off moment," with the two officials speaking openly about the U.S. government's long-term attempts to provide public relations work for Israel in defense of its policies in the occupied Palestinian territories—and its push to ban TikTok in order to shut down Americans' access to unfiltered news about the Israeli assault on Gaza.
At the Sedona Forum in Sedona, Arizona on Friday, the Utah Republican asked Blinken at the McCain Institute event's keynote conversation why Israel's "PR been so awful" as it's bombarded Gaza since October in retaliation for a Hamas-led attack, killing at least 34,735 Palestinians—the majority women and children—and pushing parts of the enclave into a famine that is expected to spread due to Israel's blockade.
"The world is screaming about Israel, why aren't they screaming about Hamas?" asked Romney. "'Accept a cease-fire, bring home the hostages.' Instead it's the other way around, I mean, typically the Israelis are good at PR. What's happened here? How have they, and we, been so ineffective at communicating the realities there?"
Blinken replied that Americans, two-thirds of whom want the Biden administration to push for a permanent cease-fire and 57% of whom disapprove of President Joe Biden's approach to the war, are "on an intravenous feed of information with new impulses, inputs every millisecond."
"And of course the way this has played out on social media has dominated the narrative," said the secretary of state. "We can't discount that, but I think it also has a very, very challenging effect on the narrative."
Romney suggested that banning TikTok would quiet the growing outrage over Israeli atrocities in the United States.
"Some wonder why there was such overwhelming support for us to shut down, potentially, TikTok or other entities of that nature," said Romney. "If you look at the postings on TikTok and the number of mentions of Palestinians relative to other social media sites, it's overwhelmingly so among TikTok broadcasts."
The interview took place amid a growing anti-war movement on college campuses across the U.S. and around the world, with American police forces responding aggressively to protests at which students have demanded higher education institutions divest from companies that contract with Israel and that the U.S. stop funding the Israel Defense Forces.
Right-wing lawmakers and commentators have suggested students have been indoctrinated by content shared on social media platforms including TikTok and Instagram, and wouldn't be protesting otherwise.
Rep. Mike Lawler (R-N.Y.), who co-sponsored a recent bill to ban TikTok—included in a foreign aid package that Biden signed late last month—said last week that "there has been a coordinated effort off these college campuses, and that you have outside paid agitators and activists."
"It also highlights exactly why we included the TikTok bill in the foreign supplemental aid package because you're seeing how these kids are being manipulated by certain groups or entities or countries to foment hate on their behalf and really create a hostile environment here in the U.S.," said Lawler.
Social media has provided the public with an unvarnished look at the scale of Israel's attack, with users learning the stories of Gaza residents including six-year-old Hind Rajab, 10-year-old Yazan Kafarneh, and victims who have been found in mass graves and seeing the destruction of hospitals, universities, and other civilian infrastructure.
U.S. college students, however, are far from the only people who have expressed strong opposition to Israel's slaughter of Palestinian civilians and large-scale destruction of Gaza as it claims to be targeting Hamas.
Human rights groups across the globe have demanded an end to the Biden administration's support for Israel's military and called on the U.S. president to use his leverage to end the war. Josep Borrell, the European Union's high representative for foreign affairs and security policy, in February lambasted Biden and other Western leaders for claiming concern about the safety of Palestinians while continuing to arm Israel, and leaders in Spain and Ireland have led calls for an arms embargo on the country. The United Nations' top expert on human rights in the occupied Palestinian territories said in March that there are "reasonable grounds" to conclude Israel has committed genocidal acts, two months after the International Court of Justice made a similar statement in an interim ruling.
Romney and Blinken didn't mention in their talk whether they believe social media and bad "PR" have pushed international leaders and experts to make similar demands to those of college students.
The conversation, saidIntercept journalist Ryan Grim, was an "incredible historical document" showing how the U.S. government views its role in the Middle East—as a government that should "mediate" between Israel and the public to keep people from having "a direct look at what's happening."
"Romney's comments betray a general bipartisan disinterest in engaging Israel's conduct in Gaza on its own terms, preferring instead to complain about protesters, interrogate university presidents, and, apparently, muse about social media's role in boosting pro-Palestinian activism," wrote Ben Metzner at The New Republic. "As Israel moves closer to a catastrophic invasion of Rafah, having already banned Al Jazeera in the country, Romney and Blinken would be wise to consider whether TikTok is the real problem."
Enterpreneur James Rosen-Birch added that "Mitt Romney flat-out asking Antony Blinken, in public, why the United States is not doing a better job manufacturing consent, is wild."
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Be Worried About the Push to Ban TikTok Over Palestine Solidarity Posts
The current rhetoric against TikTok is not only a hypocritical attack on free speech, it’s an insinuation that the only reason people could be critical of Israel is manipulation by a foreign government.
Nov 14, 2023
Axios (10/31/23) reported that in a two-week period, TikTok saw “nearly four times the number of views to TikTok posts using the hashtag #StandwithPalestine globally compared to posts using the hashtag #StandwithIsrael.” As a result, the conservative outrage machine kicked into high gear.
Rep. Mike Gallagher (R–Wis.), who serves on the House select committee investigating China’s Communist Party, took to the web publication Free Press(11/1/23) to sound the alarm: TikTok’s Chinese ownership meant that a dangerous foreign power was using social media to sway public opinion against Israel. His solution was clear: It’s “time for Congress to take action. Time to ban TikTok.”
This is interesting for a few reasons, but chief among them is that the Free Press was started by former New York Times writer Bari Weiss, one of a handful of conservative journalists who banded together to assert the federal government exerted too much control on Twitter before it was acquired by Elon Musk (NPR, 12/14/22). The company’s liberal corporate governance, they asserted, had suppressed conservative ideas (Washington Post, 12/13/22).
Now the Free Press fears the internet is too free, and should be cleansed of ideas deemed hurtful to the Israeli government.
Weiss even signed the Westminster Declaration, a vow to protect “free speech”: “Across the globe, government actors, social media companies, universities, and NGOs are increasingly working to monitor citizens and rob them of their voices,” it said. These “large-scale coordinated efforts are sometimes referred to as the ‘Censorship-Industrial Complex.” Now the Free Press fears the internet is too free, and should be cleansed of ideas deemed hurtful to the Israeli government.
Censorship by the Wrong People
Gallagher said that “TikTok is the top search engine for more than half of Gen Z, and about 6 in 10 Americans are hooked on the app before their 17th birthday.” This is worrisome, he said, because TikTok “is controlled by America’s foremost adversary, one that does not share our interests or our values: the Chinese Communist Party (CCP).”
This brings Gallagher, and other GOP lawmakers, to the conclusion that the U.S. must ban TikTok. “We are ceding the ability to censor Americans’ speech to a foreign adversary,” he said—suggesting that censorship isn’t altogether wrong, it’s just wrong when committed by an undesirable entity. He pointed out that “for a century, the Federal Communications Commission has blocked concentrated foreign ownership of radio and television assets on national security grounds.”
This indicates that Gallagher, in the name of anti-Communism, doesn’t think the market should decide which media consumers can access. Instead, this must be highly regulated by a powerful federal agency. So much for his commitment to “get big government out of the way.”
‘Massively Manipulating’
He’s hardly alone. Sen. Marsha Blackburn (R–Tenn.), who once blasted (10/20/20) what she saw as censorship against conservative voices at Facebook and Twitter, called for a ban (NBC, 11/1/23), saying “It would not be surprising that the Chinese-owned TikTok is pushing pro-Hamas content.” Sen. Marco Rubio (R–Fla.) concurred, saying in a statement, “For quite some time, I have been warning that Communist China is capable of using TikTok’s algorithm to manipulate and influence Americans.” Sen. Josh Hawley (R–Mo.) wants a ban (UPI, 11/7/23), and the New York Post editorial board (11/6/23) approvingly cited Gallagher’s Free Press piece.
Hedge-fund billionaire Bill Ackman, who has called for punitive action against Harvard University students who made pro-Palestine statements (Wall Street Journal, 10/11/23; Business Insider, 11/5/23), “said TikTok should ‘probably be banned’ for ‘massively manipulating public opinion’ in favor of Hamas and stoking anti-Israel animus,” the New York Post (11/1/23) reported.
CNN (11/5/23) also insinuated that TikTok is skewing public opinion and reported that the Biden administration is monitoring the situation, saying the president’s aides “are also warily monitoring developments like how the Chinese government-controlled TikTok algorithm just happens to be prioritizing anti-Israel content.”
The concept that the Republican-held House could push to ban TikTok completely, on the grounds that it allows too much criticism of Israel, is no laughing matter.
If this freakout about TikTok seems selective, that’s because it is. Since Musk took over Twitter, hate speech and antisemitism have run amok on the platform (Washington Post, 3/20/23; LA Times, 4/27/23), but congressional Republicans and their journalistic allies on the social media beat aren’t clamoring for an intervention into the mogul’s extremist influence on U.S. discourse.
Republicans have been looking to ban TikTok, howling about its Chinese ownership, since the Trump administration, but the call became all the more real when the state of Montana banned the app completely (FAIR.org, 5/25/23). TikTok is banned on U.S. government devices (CBS, 3/1/23); in liberal New York City, the same is true for city government devices (NPR, 8/17/23). Given all that, the concept that the Republican-held House could push to ban TikTok completely, on the grounds that it allows too much criticism of Israel, is no laughing matter.
Media Moral Panics
Some of this vitriol toward TikTok is purely cynical. The Washington Post (3/30/22) reported that “Facebook parent company Meta,” a major competitor to TikTok, worked with “one of the biggest Republican consulting firms in the country to orchestrate a nationwide campaign seeking to turn the public against TikTok.”
But the history of U.S. politics has been defined by periodic moral panics about the subversion of American values through media. The Grant administration took tight control of the U.S. Postal Service out of fear that sexual content circulated through the mail was degrading the nation’s moral core.
The advent of film spawned local and state censorship boards throughout the country, starting with Chicago in 1907. The Supreme Court held in 1915 that film was “a business pure and simple,” and thus not protected by the First Amendment—a decision not reversed until 1952. In the mid-20th century, anti-Communist zealots in the House of Representatives persecuted numerous Hollywood writers and actors, based on the suspicion that they were indoctrinating the American public with socialist ideas through the movies.
In the 1980s, Tipper Gore, wife of then-Sen. Al Gore (D–Tenn.), started a campaign that forced record labels to put warning stickers on albums with “explicit lyrics” (New York Times, 1/4/88).
They Must Be Brainwashed
The current rhetoric against TikTok is not only a hypocritical attack on free speech, it’s an insinuation that the only reason people could be critical of Israel is manipulation by a foreign government. There’s no way people from all walks of life could simply be horrified by what’s happening in Gaza; those devilish Chinese Communists must be warping their minds.
In fact, The Washington Post (11/13/23) found that TikTok was not even unique among social networks for the gap between pro-Palestine and pro-Israel support in public posts. It said:
But Facebook and Instagram, TikTok’s U.S.-based rivals, show a remarkably similar gap, their data show. On Facebook, the #freepalestine hashtag is found on more than 11 million posts—39 times more than those with #standwithisrael. On Instagram, the pro-Palestinian hashtag is found on 6 million posts, 26 times more than the pro-Israel hashtag.
Any move by elected officials to ban TikTok should be taken seriously; it’s not just about the app’s videos about terrible first dates and secret menu items. Free speech is a principle. When so-called defenders of free speech advocate censorship because they find certain political ideas too dangerous, be very worried.
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