Texas judge supports ban on TikTok on state-owned devices
OAN’s Elizabeth Volberding
5:45 PM – Tuesday, December 12, 2023
A United States judge has upheld Texas’s ban on the popular video app, TikTok, on state-owned devices or networks.
In a groundbreaking decision, a federal judge in Texas has upheld a law that prohibits the use of TikTok on state-owned devices and networks.
U.S. District Judge Robert Pitman dismissed a lawsuit brought by the Knight First Amendment Institute at Columbia University, which argued that the ban violated the First Amendment by restricting the use of TikTok on public university Wi-Fi.
“While the Court recognizes the importance both of protecting academic freedom and supporting public employees’ right to free speech, the Court finds that these important ideals do not dictate the appropriate framework for this case,” Pitman declared.
According to Pitman, the ban does not infringe on public employee speech, as university staff and all public workers are still allowed to use TikTok on their personal devices, as long as they do not connect to state networks.
The judge also stated that the ban is a “reasonable restriction on access to TikTok in light of Texas’s concerns” regarding data protection and the Chinese-owned company ByteDance, which owns TikTok.
However, TikTok has denied allegations of security or privacy risks associated with ByteDance.
Jameel Jaffer, the executive director of the Knight Institute, expressed disappointment with the verdict. The Knight Institute argued that the ban not only limits academic freedom but also hinders research on TikTok at public schools in Texas.
Jaffer further stated that the ban prevents “public university faculty from studying TikTok — including from studying the very privacy concerns that supposedly motivated the ban.”
“Restricting research and teaching about one of the world’s major communications platforms is not a sensible or constitutionally permissible way of addressing legitimate concerns about TikTok’s data-collection practices,” Jaffer said in a statement.
Ramya Krishnan, a senior staff attorney at the Knight Institute, criticized the TikTok ban, arguing that it does not actually protect privacy since other platforms collect the same data and it can be easily purchased from data brokers.
“The Court should have required Texas to justify the ban. It’s disappointing it didn’t,” Krishnan said.
Several other states, as well as the federal government, have also implemented restrictions on the use of TikTok on government-controlled devices.
Pitman compared the Texas ban to a similar ban in Montana, which was blocked by another judge in November for violating the Constitution and exceeding state power.
In response, TikTok filed a lawsuit against the state of Montana, challenging the U.S. prohibition on multiple grounds and claiming that it violates the First Amendment rights of the company and its users.
Meanwhile, TikTok, with over 150 million users in the U.S., maintains that it handles the country’s data responsibly.
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What were the arguments made by the Knight First Amendment Institute in their lawsuit against the ban on TikTok?
The United States judge in Texas has upheld the ban on popular video app TikTok on state-owned devices or networks. The decision was made by U.S. District Judge Robert Pitman, who dismissed a lawsuit brought by the Knight First Amendment Institute at Columbia University.
The Institute argued that the ban violated the First Amendment by restricting the use of TikTok on public university Wi-Fi. However, Judge Pitman disagreed, stating that the ban does not infringe on public employee speech as they are still allowed to use TikTok on their personal devices as long as they do not connect to state networks.
Judge Pitman further justified the ban by stating that it is a “reasonable restriction on access to TikTok in light of Texas’s concerns” regarding data protection and the Chinese-owned company ByteDance, which owns TikTok. TikTok has denied any allegations of security or privacy risks associated with ByteDance.
Jameel Jaffer, the executive director of the Knight Institute, expressed disappointment with the verdict. The Knight Institute argued that the ban not only limits academic freedom but also hinders research on TikTok at public schools in Texas. Jaffer criticized the ban, stating that restricting research and teaching about TikTok is not a sensible or constitutionally permissible way to address concerns about data-collection practices.
Ramya Krishnan, a senior staff attorney at the Knight Institute, also criticized the ban, arguing that it does not actually protect privacy since other platforms collect the same data and it can be easily purchased from data brokers. Krishnan believes that the court should have required Texas to justify the ban.
Several other states, as well as the federal government, have also implemented restrictions on the use of TikTok on government-controlled devices. Judge Pitman compared the Texas ban to a similar ban in Montana, which was blocked by another judge in November for violating the Constitution.
In response to the ban, TikTok has filed a lawsuit against the state of Montana, challenging the U.S. prohibition on multiple grounds and claiming that it violates the First Amendment rights of the company and its users. Despite these legal challenges, TikTok maintains that it handles the country’s data responsibly.
This ban on TikTok raises important questions about the balance between protecting data and privacy and limiting access and academic freedom. As more states and governments implement restrictions on the use of certain platforms, it is crucial to consider the potential impact on free speech and research. The outcome of the ongoing legal battles surrounding TikTok will have significant implications for the future of technology regulation and individual rights.
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