The TikTok Debate: Freedom of Speech or Security Breach?

Home > Blog > The TikTok Debate: Freedom of Speech or Security Breach?
The TikTok Debate: Freedom of Speech or Security Breach?

Feb 07, 2025

Launched in 2016 by the Chinese company ByteDance, TikTok quickly became a global phenomenon, reshaping the social media landscape. Initially introduced as Douyin in China, TikTok was created as a platform for sharing short-form videos, blending entertainment, creativity, and social interaction. Its merger with Musical.ly in 2018 expanded its reach, particularly among younger audiences in the United States. With its algorithm-driven recommendations and diverse display of user-generated videos, TikTok has captured over a billion active users worldwide. Despite its rapid success, TikTok’s Chinese ownership has raised concerns about data privacy and national security, sparking debates about its future in countries like the United States. TikTok’s presence in the United States has sparked intense debate, fueled by concerns over national security, data privacy, and the ethical implications of such a decision. This essay will discuss the TikTok ban through a legal, political, and ethical lens.

From a legal perspective, banning TikTok in the U.S. presents a glaring issue: freedom of speech. Any such action would need to navigate constitutional protections, particularly the First Amendment, which guarantees free speech. TikTok is not simply a source of entertainment; it serves as a platform for creative expression, political discourse, and cultural exchange. Restricting access to the app could be perceived as an infringement on these rights. While concerns about data privacy are valid, critics argue that these concerns are not unique to TikTok and extend to many other platforms based in countries with even less transparent data practices.

Politically, the debate over TikTok’s presence in the U.S. reflects broader tensions between the U.S. and China. TikTok’s potential to direct user data to the Chinese government has been cited as a major concern, given China’s history of surveillance and data collection in the 20th and 21st centuries. Supporters of a ban argue that allowing a foreign-owned company with alleged ties to opposing government access to sensitive user data could sabotage national security. However, opponents highlight the lack of concrete evidence linking TikTok to specific acts of espionage. In the long run, banning TikTok might set a precedent that could escalate tech-related conflicts between the two nations, further straining diplomatic relations for years to come.

Ethically, the question of whether to ban TikTok raises a host of philosophical and moral dilemmas. From a utilitarian perspective, one must weigh the potential benefits of a ban—such as enhanced national security—against the widespread consequences for individuals and businesses that rely on the platform. Does the greater good justify the economic and social disruption a ban would cause? Conversely, from a deontological standpoint, targeting a specific company based on its nationality could be seen as inherently unjust, especially in the absence of definitive evidence. This approach raises questions about fairness and equal treatment in regulatory practices.

The ethics of consistency also come into play: if TikTok faces further action for its data practices, should similar platforms with unclear policies not be held to the same standards? Singling out TikTok might reflect unspoken biases or geopolitical motivations rather than genuine concern for privacy. Younger creators, activists, and marginalized groups often use the platform to amplify their voices—a ban could disproportionately silence these communities, limiting their forms of expression and communication.

Reflecting on this debate has made me more aware of the data I share on social media platforms, including TikTok. While I’ve enjoyed using the app for its engaging and creative content, the ongoing controversy has made me think critically about how my data is collected and stored. This awareness extends to other platforms as well like Instagram, reminding me to maybe review the privacy settings before use and consider the potential risks associated with sharing personal information online. Although I have not stopped using TikTok or Instagram entirely, I am more cautious and selective about the information I provide.

In conclusion, the question of whether TikTok should be banned in the U.S. is complex, reaching legal, political, and ethical extents. While concerns about data privacy and national security are valid, any decision must be weighed against the implications for free speech, international relations, and individual livelihoods. For many, including myself, this debate has already influenced how we approach social media, fostering a more critical perspective on privacy and data security. As the discussion continues, it will be essential to balance security concerns with the values of openness, fairness, and innovation.


Alex Paloglou, a student in Jon Pfeiffer’s media law class at Pepperdine University, wrote the above essay in response to the following prompt: “Should TikTok Be Banned in the U.S.? Given the ongoing controversy surrounding TikTok’s ownership by the Chinese company ByteDance, discuss whether TikTok should be banned from use in the United States due to national security and data privacy concerns. Consider the legal, political, and ethical implications of such a ban. Additionally, reflect on whether this debate has already influenced, or is likely to influence, the way you use TikTok or other social media platforms. Alex is an Integrated Marketing Communications major.

Sign Up for Pfeiffer Law's Monthly Newsletter

Contact Jon and his team today.

Subscribe