Op-Ed: Jack Heretik: How to protect the First Amendment from the Chinese Communist Party

ByteDance and the CCP’s ownership is not about money, it’s about control.

As an American, I value the First Amendment tremendously. It is one of the core values of our country. It is something that keeps America very different from some of our closest allies, such as the United Kingdom and Canada where freedom of speech is under attack.

When our adversaries have the control and the ability to manipulate what Americans can see and post online, it becomes a concern for both America’s national security and to the First Amendment. When our adversaries retain the ability to monitor what Americans say and do online, it becomes an even greater concern.

TikTok is undeniably an asset of the Chinese Communist Party (CCP). No matter how many times TikTok executives claim to be independent, it is owned by ByteDance. ByteDance has long established ties with the CCP that cannot be refuted.

House Energy and Commerce Chair Cathy McMorris Rodgers (R., Wash.) included a provision into a bill this year that would force TikTok to divest from Chinese ownership if it wants to continue offering its product in the United States. With bipartisan support, this became law, although TikTok continues to challenge its constitutionality.

Recently, the U.S. Court of Appeals for the District of Columbia Circuit ruled against TikTok’s plea for that part of the law to be overturned. Thankfully, the three judges hearing the case ruled unanimously to dismiss TikTok’s petition.

TikTok can continue to operate in the United States. All it needs to do is divest TikTok from ByteDance.

Large offers have been made to ByteDance for TikTok which would allow it to make significant sums from it without having to cease its American operations, however it continues to refuse selling TikTok.

That itself is telling: ByteDance and the CCP’s ownership is not about money, it’s about control.

The Court’s refusal to hand TikTok what it asks for is also a stand to not turn over control of the First Amendment to a foreign adversary. This ruling protects our freedom of speech. It disallows putting our enemy in control of it.

Much as we wouldn’t depend on or purchase arms from our enemies during a time of war, we cannot rely on those same enemies to control information sharing. Protecting the First Amendment means keeping it out of control of the Chinese Communist Party.

Jack Heretik was Associate Director of Research in the Trump White House before working in communications for the House Energy & Commerce Committee's Republican staff until 2023.