As digital platforms defy geographic boundaries, the prospect of the United States banning TikTok has intensified into an epic of judicial battles, geopolitical tensions and fundamental debates over free speech. As TikTok fights a US government-imposed mandate to sell itself or be forced to shut down, the state uses its powers against the rights of digital liberty. This article examines the spirit of resistance to this initiative, and what it might mean to forcibly make a digital entity a captive state.
TikTok’s plight is just the latest development in an ongoing debate about the nature of digital sovereignty and national security. The US government displayed its muscle in pursuing TikTok to negotiate the sale with an American company or shut down. The pressure is real, undeniably so, as the US House approved a forceful option with overwhelming majorities, and the US president gave it his approval. TikTok either submits to prohibition, or fights to stay alive.
Yet a second twist to the TikTok story is that the company is asserting its own force, not the market-digital one, but legal. TikTok has sued the US government on the grounds that the (enforced) sale or even ban infringes the First Amendment rights to free speech. We can see a kind of perversity here in that an app owned by the Chinese company ByteDance is fighting for freedom of expression in a country that likes to tout its (literally) constitutional freedoms.
TikTok’s legal counterstrike goes far beyond mere corporate survival; it touches on the fragile balance between the demands of national security and those of free expression. If its claim that forced divestiture disconnects Americans from global discourse is a powerful reminder of the internet’s role as a borderless, shared village, it also confronts a counterforce of equal constitutional weight in the US government’s national security claims.
For now, efforts to ban TikTok are focused not just on the US but on Europe, where a coming battle over the future of regulation and digital freedom might also unfold. The international dimension adds new layers of complexity to the picture. For digital platforms, we can conceive of a kind of superconductor, where the forces of governmental pressure will follow different paths of varying intensity around the globe.
Central to TikTok’s legal argument is the power of the First Amendment. In the name of free speech, TikTok has taken on the argument that national security is a free pass for digital state power Brown. This tussle raises important questions about the coercive power that governments wield in order to bring digital territories under control, or to conquer and subdue them, as well as the right of digital entities and their users to resist.
More ironic is that a Chinese company – a country known for its tight grip on free speech – is using the US First Amendment in its case. A complicated knot of moral, legal and political forces is at work here. Then, of course, there is public opinion, as expressed in the comments themselves. The force of public opinion might sway – and probably already has swayed – not just the court of public opinion, but legal opinion too.
At the centre of the legal controversy TikTok has launched is the idea of force: power as compulsion or dominion; power as influence; the power of one over another. We see this power in legal, moral and popular domains. It’s the lens through which the global short-form video app is fighting back against the so-called ‘nuclear option’ of its ban by the Indian government – a ban that could, one day, shape the future of digital freedom, sovereignty and the global internet itself.
Whether the steps taken by TikTok will be enough to quell the power of the lesser US angels and keep it in the US market is not known. But this much is certain: we will all be affected by the outcome of this legal struggle – not only TikTok and its community. The broader debate about whose will will dominate our digital futures will be profoundly affected by its outcome.
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