(COLUMBIA, S.C.) – South Carolina Attorney General Alan Wilson stood with a coalition of 21 attorneys general in asking the United States Court of Appeals for the District of Columbia to uphold the national TikTok divest-or-ban legislation passed by Congress earlier this year. TikTok has confirmed its technology and infrastructure are ultimately controlled by the Chinese government, heightening concerns for national security and Americans’ right to privacy.
“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 attorneys general are asking the court to deny TikTok’s petition, as it is within Congress’s power to act on matters of national security and foreign affairs. The attorneys general have huge concerns over TikTok’s collection of Americans’ data, which could be shared with the Chinese Communist Party. The AGs are concerned the app promotes dangerous content to minors as well.
TikTok argues that the First Amendment gives them the right to operate, but the ban doesn’t violate free speech because it doesn’t target activities like speech or expression, nor does it single out people for expressing their views.
“TikTok is a valuable tool for conducting corporate and international espionage, and it may allow the Chinese Communist Party to track the real-time locations of public officials, journalists, and other individuals adverse to the Chinese Communist Party’s interests,” the attorneys generals stated in the brief.
In addition to South Carolina, attorneys general from Alabama, Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, Oklahoma, South Dakota, Tennessee, and Utah also joined the brief led by Montana Attorney General Austin Knudsen and Virginia Attorney General Jason Miyares.
Click here to read the brief.
