Bill to force sale of TikTok easily passes House, critics question constitutionality

The House has passed a bill that would require TikTok to either abandon its ties with China or no longer be available in the U.S. Although the bill is a controversial one, it easily passed with support from both parties. The total vote came out to 352 members in favor and 65 against.

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The bill gained rare congressional support and consensus. When lawmakers spoke on the House floor before the vote, Democrats and Republicans in favor of the bill shared concerns. The lawmakers said ByteDance’s ownership of TikTok could pose a serious risk to Americans given China is an adversary.

“The First Amendment does not give the Chinese Communist Party the right to American data or the right to manipulate Americans’ minds,” Rep. Dan Crenshaw, R-Texas, said. “That would be a really weird interpretation of the First Amendment.”

“This bill is not a ban and it’s not about TikTok,” Rep. Raja Krishnamoorthi, D-Ill., said. “It’s about ByteDance. ByteDance is a 100% owner of TikTok. ByteDance is controlled by the Chinese Communist Party.”  

Democrats and Republicans who opposed the bill also had shared concerns. They asked if it is constitutional for the U.S. to force the hand of a private business and if the move violates Americans’ freedoms.

“If we’re going to address this issue, we’ve got to take the same approach to all social media platforms, we can’t just single out one,” Rep. Robert Garcia, D-Calif., said. “I join many of my colleagues and the ACLU in voicing concern over the freedom of expression.”

“This is a Pandora’s box,” Rep. Marjorie Taylor Greene, R-Ga., said. “What’s to stop Congress or the U.S. government in the future from forcing the sale of another social company claiming its protecting Americans’ data from foreign adversaries?”

As for how this will impact the 150 million TikTok users in the U.S., nothing has changed since the House vote. However, users are wary knowing there’s a chance the platform could disappear.

Protests have been picking up steam as users are calling on Congress members to not jeopardize the social media site that some families rely on for income.

There’s much speculation into next steps.

The Senate would have to pass the bill and Senate Majority Leader Chuck Schumer hasn’t said yet whether the bill would even be brought to the floor for a vote. If it is, and if it passes that chamber too, President Joe Biden has said he would sign the bill into law.

In that case, TikTok would have 180 days to find a new owner outside of China. While the word “ban” isn’t technically anywhere in this bill, there is a chance the app could go dark in the U.S. Passing the House was the first step.