TikTok ban challenges intent of First Amendment in name of data security

In a country of just under 335 million, 170 million use the popular social media platform, TikTok. The app, launched in 2016, provides bite-sized videos to consumers everywhere. On January 18, 2025, people across the U.S. saw the app go dark as it was placed on a temporary ban by government officials. Though the ban was soon resolved, it raised many questions about the role social media platforms such as TikTok play in people’s lives. Simply banning TikTok in the United States does not provide a solution to problems such as public safety, as it masks much deeper problems in this technology-fueled society.

The reasoning behind the ban centers on TikTok’s owner, the Chinese company ByteDance. This raises concerns over whether the Chinese government would steal personal information from its users as well as spread misinformation. In April, a bill was signed saying that the app must be sold to a different owner before January 19, 2025, hence the day the app “went dark.”

The overarching problem behind the ban is the importance the app holds for its 170 million users. Content creators everywhere depend on the app as a key source of income. Banning TikTok could mean destroying people’s livelihoods. In addition, it provides a way to communicate with other people, boosting connection with others all over the world. Like any social media, the app has negative aspects, however, there are still many positives to it as well. True, there are other social media apps that could solve this problem, but these platforms don’t yet have the design or popularity of TikTok. In addition, it feeds into another issue in the US, which is that these social media platforms are mostly controlled by billionaires, who will only get richer as people seek different social media platforms.

A major argument against the ban is questions over its constitutionality. The First Amendment protects the right to freedom of speech. By banning TikTok on the grounds of potential propaganda, the government violates this amendment. Just because something is offensive does not automatically give the government any right to ban it. 

The idea of banning something because of a potential spread of misinformation is absurd. A more viable solution to this issue is not restriction, rather education. It is more important to educate people on the significance of fact checking and not using social media platforms in replacement of real news sources. There are more solutions than simply getting rid of these apps altogether.

The other significant reason for banning TikTok was due to security concerns with the Chinese government. These concerns may possibly have truth to them but a ban is not the answer. The deeper issue behind data protection is not going to be solved with one app. Just because other major social media apps aren’t Chinese, doesn’t mean they couldn’t utilize user data. 

Arguments against TikTok fail to address more pressing issues with social media platforms, namely the detrimental effects it has on mental health, especially for teens. Things such as this are the real problem with TikTok, not which company owns it.

Seeing as the app has millions of users, whether they are content creators hoping to make money or bored teens looking to waste time, TikTok has an undeniable chokehold over this generation. Beyond the app itself, the ban holds a deeper question about online freedoms, ultimately showing that this act is unethical and nonsensical. 

by Chloe Lusvardi

Published February 3rd, 2025

Oshkosh West Index Volume 121 Issue IV


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