MPAC argues banning TikTok is simply a pretext for banning the free speech of TikTok's diverse content creators. Read more...
MPAC Joins the Legal Battle
Against Banning TikTok
September 16, 2024
Earlier today, the U.S. Court of Appeals for the District of Columbia Circuit heard oral arguments on the so-called “TikTok Ban” lawsuit. This case is part of an ongoing effort to oppose the U.S. government’s ability to ban TikTok for 170 million U.S. users over alleged concerns about national security. MPAC recently participated in an amicus brief opposing the TikTok ban legislation, arguing that it is discriminatory and uses "national security" as a pretext to suppress free speech.
Prior to today’s hearing, just last week, M. Faiyaz Hussain, MPAC's Senior Advisor for Strategy & Policy served as a speaker on a panel entitled: "What’s Next for the TikTok Ban Lawsuit? Informational Briefing for Nonprofits & Creators" that was co-sponsored by the Electronic Frontier Foundation. The audience consisted of leaders of various Asian American and other related civil rights organizations, impacted TikTok content creators, and independent journalists, among others.
In his comments, Faiyaz shared the reasons why MPAC joined the legal effort opposing the TikTok ban. The legislation, which was signed into law in April 2024, gives ByteDance (the parent company of TikTok) until January 19, 2025 to divest TikTok from its Chinese ownership or face a ban in the US. In June 2024, MPAC in coordination with the major international law firm of Cooley LLP and various other interested parties filed an Amicus Brief at the US Court of Appeals for the DC Circuit court (where the lawsuit is currently on appeal) arguing that the ban is ill advised and discriminatory in its application. In its part, MPAC argued that the "national security" reasoning provided by the US government for banning TikTok is just a pretext for banning the free speech of TikTok's diverse content creators. Faiyaz shared with the audience that the "national security" sledgehammer is something that the government has repeatedly used against the American Muslim community for decades, going back to the use of "secret evidence."
The American Muslim community is well aware that TikTok has been a major news source highlighting the crimes in Gaza and the West Bank on a daily basis. The record is also replete with evidence of the numerous highly negative and inflammatory comments made by elected members of the House and Senate complaining about the unfiltered reporting on Palestine on TikTok as to a reason why it needs to be banned. Such intent to prohibit free speech is squarely prohibited by the 1st Amendment and is exactly why this legislation needs to be struck down as unconstitutional.
A ruling by the appellate court based on the oral arguments from today is expected to be issued fairly quickly. However, regardless of which way the appellate court rules — this matter will likely end up at and will finally have to be decided by the U.S. Supreme Court. MPAC with its coalition partners will continue to monitor the progress and intervene each step of the way, as necessary, to make sure that our distinct American Muslim viewpoint remains front and center before the judges as they make their decisions.
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