On behalf of the Coalition for Independent Technology Research, Columbia University’s Knight First Amendment Institute has sued Texas for banning TikTok on government devices.
The lawsuit is an allied effort of a free speech group and the Coalition for Independent Technology Research and alleges that the ban infringes on academic freedom and constitutional rights.
Banning public university faculty from studying and teaching with TikTok is not a sensible or constitutional response to concerns about data-collection and disinformation.Jameel Jaffer, the Executive Director of the Knight First Amendment Institute
What Exactly is the Lawsuit About?
Last year, Texas joined more than two dozen states in banning TikTok from government devices, citing security concerns over the app’s Chinese ownership.
Governor Greg Abbott stated that the app could be used by the “Chinese government … to attack our way of life”, giving government offices a mid-February deadline to remove the app from their devices. The ban was firmed up last month, with the governor signing a law to enforce it.
The first colleges to comply with the ban and limit access to the app were the University of Texas and Texas A&M.
Along with government offices and organizations, the ban also applies to public universities in Texas. The popular social media app was blocked on campus Wi-Fi networks and school-owned devices.
According to the lawsuit, the ban is a violation of the First Amendment on the grounds of restricting freedom of speech.
The Coalition for Independent Technology Research is an advocacy group comprising professors in Texas. The group argues that the ban has put a sudden halt on their research projects and disrupted plans to hold classes discussing the benefits and risks of the app.
Ironically, Texas’s misguided ban is impeding our members from studying the very risks that Texas says it wants to address.Dave Karpf, a board member of the coalition
Jameel Jaffer said something along similar lines, pointing out that the ban is suppressing their ability to research the concerns expressed by Governor Abbot, such as data collection and disinformation. He went on to add that there are other ways to address the concerns without imposing “the same severe burden on faculty and researchers’ First Amendment rights”.
What’s Next?
This isn’t the first time a lawsuit has been filed challenging TikTok bans on constitutional grounds. In fact, this is the third such lawsuit this year. Earlier, Montana faced two separate lawsuits filed by TikTok and a group of creators, both of which stated that the state law violated the Montanans’ right to the freedom of expression.
The success or failure of the lawsuit in Texas can potentially serve as a precedent for how it will continue to hold up in other states.
Public universities across a number of states like Oklahoma, Arkansas, Alabama, Florida, Georgia, Idaho, Iowa, and South Dakota have taken measures to restrict access to TikTok following respective orders.
According to Karpf, TikTok’s policies and practices affect global culture and politics. Hence, it’s important for students and researchers to be able to study the popular platform and explore the associated risks.
Jacqueline Vickery, an associate professor at the University of North Texas who studies the use of social media for self-expression and political organizing, said that her students use TikTok more than they use Google.
It remains to be seen if the ban will be overturned or adjusted in light of the concerns expressed by the professors.
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