South Carolina Attorney General Alan Wilson, along with a coalition of 21 attorneys general, has urged the United States Court of Appeals for the District of Columbia to support the national TikTok divest-or-ban legislation enacted by Congress earlier this year. Concerns about national security and privacy have been heightened by TikTok’s confirmation that its technology and infrastructure are ultimately controlled by the Chinese government.
“‘TikTok is a tool of the Chinese Communist Party, an enemy of the United States, so its operations in the U.S. pose a serious threat to our national security. The First Amendment does not protect a platform that allows the CCP to exploit Americans’ data and undermine our freedoms. I look forward to working with the incoming Trump administration to protect not only our national security but our children,’ said Attorney General Wilson.”
The group of attorneys general is asking the court to reject TikTok’s petition, asserting that Congress has authority over issues related to national security and foreign affairs. They express significant concerns about TikTok’s data collection practices, which they fear could lead to sharing information with the Chinese Communist Party. Additionally, there are worries about potentially harmful content being promoted to minors on the app.
TikTok contends that it has First Amendment rights allowing it to operate in the U.S., arguing that banning it does not infringe on free speech since it does not target specific activities like speech or expression nor singles out individuals for their views.
“‘TikTok is a valuable tool for conducting corporate and international espionage, and it may allow the Chinese Communist Party to track real-time locations of public officials, journalists, and other individuals adverse to the Chinese Communist Party’s interests,’” stated in their brief.
Besides South Carolina’s Alan Wilson, attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska New Hampshire Oklahoma South Dakota Tennessee Utah joined this initiative led by Montana Attorney General Austin Knudsen Virginia Attorney General Jason Miyares.
