TikTok faces federal ban after President Biden signs bill into law

The sell-or-ban TikTok bill was signed on Wednesday by President Biden. It was clear, before the ink on that presidential signature was dry, this battle was moving from Capitol Hill to a courtroom.

TikTok is owned by a company called ByteDance. The legislation, signed by President Biden, is part of a larger national security package that includes military aid to Israel. The head of TikTok, in an online post Wednesday, promised to fight the law in court. He claimed it violates free speech and is unconstitutional.

"Rest assured, we aren't going anywhere. We are confident, and we will keep fighting for your rights in the courts," TikTok CEO Shou Chew said. "The facts and the Constitution are on our side, and we expect to prevail again."

The statement from TikTok’s CEO did not surprise Texas Sen. John Cornyn (R). He responded on Thursday in a Zoom interview.

"I did see that TikTok is not going, going away quietly. They're going to fight this in the courts. And this is a huge moneymaker for them, obviously, but it's also a huge propaganda tool," Sen. Cornyn said.

Sen. Cornyn went on to describe the bill not as a ban, but what he calls a divestment order.

"So, 170 million people have used it, and hopefully they'll make a good decision to sell it to some non-communist party, company. And people can continue to enjoy it," said Sen. Cornyn.

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Sen. Cornyn also made it clear his vote is based on his concern that the social media app is a security risk. ByteDance is linked to the leadership of communist China.

"I don't think most people understand that they literally own your phone. If, in other words, all your contacts, your messages, your emails or texts, everything you have on your phone is basically controlled by TikTok," said Cornyn. 

Previous, broad attempts at a TikTok ban have been struck down by federal judges. 

A narrow ban, enacted in Texas, remains in place. Back in 2022, Gov. Greg Abbott issued an executive order that prevents the app from being put on any state-owned devices and networks. 

A lawsuit against Abbott’s Order, filed by several university professors, failed after a judge ruled that the Texas restriction was reasonable.