After all its not hard to make a corporation in the US
…A US corporation is subject to US laws.
ByteDance is subject to Chinese laws.
If TikTok wants to do everything that it’s currently doing, but under US law and under US scrutiny, they’re more than welcome to do so. But they’re currently evading any serious scrutiny. Hence the reason to shut them down if they refuse gov’t oversight.
National security interests are the interests of the people though.
The fundamental issue is that, assuming I’m not leaking national security information, I can say nearly anything I want on Facebook, Twitter, etc. (as long as I’m not in violation of their terms of service). The US largely does not censor people using the power of the gov’t. If I am an authoritarian communist, I’m more than welcome to spread these views on any American social network that I choose without gov’t interference. I can spread anti-vax and Q nonsense if I wish, and the worst-case scenario is that my neighbors will stop talking to me. I can attack the very foundation of the country if I want, as long as I’m not spreading military secrets.
This is not the case in China. Spreading pro-capitalism and pro-democracy messages can quickly get you arrested. Trying to share accurate information about what really happened in Tianamen Square in 1989 can result in you disappearing. Words and phrases are actively censored by the gov’t on social media. The Chinese gov’t takes a direct role in shaping social media by what it promotes, and what it forbids. Anything that’s perceived as an attack on the political system of the country, the party, or any of the leaders (remember the internationally famous tennis player that abruptly disappeared when she accused a local party leader of sexual assault?) will put you at risk.
This isn’t a case of, “oh, both sides are the same”.
The Constitution doesn’t only protect American citizens, it protects everyone
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
Their freedom of the press isn’t what’s in question. Their ownership is. They are welcome to continue operating as long as they are not owned by a Chinese company based in China and subject to Chinese national security laws.
But, even if it’s really, truly, a 1A issue, no rights are absolute. You can not, for instance, publish classified information, and then claim that it’s a free speech issue. National security interests can, and do, outweigh individual and especially corporate rights to free speech.
But that’s not the justification. The justification is first, access to data, and second, manipulation of that data. The gov’t is arguing that TT is hoovering up massive amounts of data on users, and then is manipulating the content that is shown to them in order to unjustly influence international policy, and all done with no transparency at all. It’s on-par with Russian election interference, although perhaps a little longer lasting and more subtly done.