TikTok‘s plan to challenge the new “divest-or-ban” law has encountered a setback. NetChoice, an advocacy group that has supported several of TikTok’s court battles, has removed the platform from its membership rolls after taking heat from Congressional leaders.
Two sources familiar with the situation told Politico that NetChoice kicked out TikTok in response to pressure from House Majority Leader Steve Scalise (R-LA). A third source explained that NetChoice made its decision after learning that the House Select Committee on China plans to investigate firms with ties to TikTok.
A TikTok spokesperson criticized Congress’ “brazen efforts” to “intimidate private organizations for associating with a company with 170 million users.” The spokesperson told Politico characterized Scalise’s tactic as “a clear abuse of power that smacks of McCarthyism.”
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No matter the ethics of NetChoice’s decision, its breakup with TikTok does not bode well for the app’s legal defense. NetChoice, which also works with big tech firms like Google, Meta, and Amazon, has provided key support for its clients’ court cases, particularly those that concern topics like free speech and censorship. The advocacy group published a defense of TikTok when the app challenged a Montana law that would effectively ban TikTok in the state. NetChoice also allied with TikTok to dispute a Utah law that would impose age limits on social media platforms.
Without NetChoice in its corner, TikTok will be short on support as it prepares arguments for a lawsuit that targets the new Protecting Americans From Foreign Adversaries Act. TikTok is hoping to convince judges that Congress is unconstitutionally singling it out and making demands that are “not possible” to fulfill. A legal victory could delay the new Act via an injunction or stop the U.S. from forcing ByteDance to divest TikTok. But only days after the lawsuit was announced, TikTok is finding that its federal court battle will be an uphill climb.
