Montgomery, AL – Alabama Attorney General Steve Marshall has joined a coalition of 21 attorneys general in urging the U.S. Court of Appeals for the District of Columbia to uphold recently enacted national legislation that mandates a ban on TikTok unless its Chinese-owned parent company, ByteDance, divests its stake in the platform. This legislation was passed by Congress earlier this year in response to national security and privacy concerns.
The federal law stipulates that TikTok must be banned in the United States if ByteDance does not sell its ownership share. This move follows a lawsuit filed by ByteDance and TikTok against the federal government challenging the ban.
Attorney General Marshall stated, “All users of TikTok must understand that every click, location, and recording is used as intelligence that we have ample reason to believe is available to the Chinese Communist Party. Americans asked for Congress to take action against this intrusion by a top foreign adversary, and Congress acted.” He further emphasized the need for the court to support the lower court’s decision and enforce the national security law.
The coalition’s brief argues against TikTok’s petition, asserting that Congress has the authority to act on matters of national security and foreign affairs. The brief highlights concerns that TikTok’s data collection practices could allow the Chinese Communist Party access to sensitive information, posing both privacy and security risks to American citizens.
Public and private investigations have suggested that TikTok’s infrastructure and technology might be accessible to the Chinese government. While TikTok contends that the ban infringes on its First Amendment rights, the coalition argues that the ban does not target expressive behavior or activities, and therefore does not violate free speech protections.
The coalition contends that allowing TikTok to operate without severing ties with the Chinese Communist Party poses a significant risk of data exploitation. The attorneys general assert that TikTok could be used for espionage and to track the locations of public officials, journalists, and others who may be critical of the Chinese government.
The brief was led by Montana Attorney General Austin Knudsen and Virginia Attorney General Jason Miyares. The coalition also includes attorneys general from Alaska, Arkansas, Florida, Georgia, Idaho, Indiana, Iowa, Kentucky, Louisiana, Mississippi, Missouri, Nebraska, New Hampshire, Oklahoma, South Carolina, South Dakota, Tennessee, and Utah.
