Texas TikTok Ban Challenged: First Amendment Suit Filed Over Restrictions on University Research

Created: JANUARY 25, 2025

A lawsuit filed Thursday against Texas Governor Greg Abbott challenges the state's TikTok ban on official devices, including those used at public universities. The Knight First Amendment Institute at Columbia University argues the ban infringes upon constitutional rights and hinders academic freedom. The lawsuit represents a group of academics and researchers whose work focuses on the societal impact of technology.

The plaintiffs contend that restricting TikTok access on both official and personal devices used for state business disrupts teaching and research, particularly studies examining the app itself. Such research, they argue, could provide valuable insights into the very concerns surrounding TikTok.

TikTok, owned by the Chinese company ByteDance, has faced criticism over potential data security risks and the possibility of pro-Beijing propaganda. While the company insists it has not and would not share U.S. user data with the Chinese government, and is working with Oracle to store U.S. data securely, concerns persist. Numerous government bodies and institutions have implemented TikTok bans on official devices.

Texas enacted its ban in December 2022, later solidifying it with legislation in June 2023. The Knight Institute's executive director, Jameel Jaffer, explained that the decision to sue Texas followed conversations with professors affected by the ban.

Texas Governor Greg Abbott

The lawsuit highlights the case of University of North Texas professor Jacqueline Vickery, whose research projects have been disrupted. The ban prevents her from using TikTok in class, including assigning related work or showing videos during discussions. The lawsuit names university administrators as defendants, alleging they refused to consider Vickery's requests for an exception.

Jaffer acknowledged the validity of concerns about data collection and misinformation on platforms like TikTok, but questioned the ban's effectiveness and constitutionality. He also linked the lawsuit to broader concerns about academic freedom in Texas, citing recent legislative efforts to restrict tenure and ban diversity, equity, and inclusion (DEI) offices.

The researchers are seeking a court declaration that the ban violates the First Amendment rights of university faculty and are requesting exemptions for their members. The governor's office has not yet commented on the lawsuit.

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