Trump's TikTok ban violates the first amendment, ACLU says

The American Civil Liberties Union (ACLU) has said that Donald Trump’s ban of TikTok and WeChat violates the First Amendment.

In a series of tweets, the organisation said that the ban would not protect Americans’ personal data, the ostensible reason for the president’s actions against the Chinese viral video app and the messaging and payment platform.

“Selectively banning entire platforms like TikTok and WeChat violates the First Amendment and does little to protect our personal data from abuse,” the union tweeted.

“If protecting our data were a true motivating factor, the Trump administration could support comprehensive surveillance reform and consumer privacy legislation.

“In implementing President Trump’s abuse of emergency powers, Secretary Ross is undermining our rights and our security.

“This order issued today violates the First Amendment rights of people in the United States by restricting their ability to communicate and conduct important transactions on TikTok and WeChat.

“The order also harms the privacy and security of millions of existing TikTok and WeChat users in the United States by blocking software updates, which can fix vulnerabilities and make the apps more secure”, the thread concludes.

The First Amendment to the Constitution of the United States reads: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".

Law professor Kyle Langvardt of the University of Nebraska has also said that “First Amendment problems“ would hinder the legislation.

”The reason is that they discriminate based on the identity of the speaker (Bytedance, Tencent), and also, arguably, based on the 'content' of their speech,“ he added.

TikTok had argued previously that the executive order signed by Donald Trump is illegal, as it showed “no due process or adherence to the law”.

It also said it would sue the Trump administration over the ban.

In a statement, a Tencent spokesperson told The Independent it was “reviewing the executive order to get a full understanding.”

The Independent has contacted the White House for comment.

TikTok is predicted to come to an agreement with Oracle so that it can continue to operate in the United States.

The software company was chosen as a “technology partner”, with the negotiations likely to result in a restructuring rather than sale, and it has been claimed that such a deal would not address the administrations concerns.

Whether TikTok is, in fact, a national security concern remains unclear.

While analysis of TikTok’s privacy policy could mean user data is shared with members of its corporate group, it is uncertain whether that is the main motivator at a time at a time when the Trump administration, and other governments, are in geopolitical clashes with China with regards to the coronavirus, border controls, the economy, and technological development.

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