In exclusive interviews with ABC News 4 and through her in-depth social media series, Erin Bailey dives into the legal complexities of the 2025 TikTok ban—translating the jargon and exploring what it means for creators, businesses, and the future of free speech. As the looming TikTok ban sparks national debate, Lowcountry attorney Erin Bailey has become a trusted voice on the legal complexities surrounding the issue. In interviews with ABC News 4, Erin offered her expert analysis on how the First Amendment applies to TikTok users, creators, and ByteDance, the app’s China-based parent company.
The TikTok Ban: A Quick Overview
Set to take effect on January 19, 2025, the U.S. TikTok ban hinges on whether ByteDance divests its ownership of the app to a U.S.-based entity. The federal government argues the ban is necessary to protect Americans from the potential misuse of sensitive data by foreign actors, citing national security risks.
TikTok and ByteDance, however, contend that the ban would violate the First Amendment rights of the app’s 170 million U.S. users, including countless content creators and small business owners who rely on the platform for their livelihoods. They are seeking an injunction to delay the ban, while the government maintains that security must come first.
Erin Bailey Breaks It Down
In her first ABC News 4 interview, Erin highlighted the delicate balance between national security and constitutional rights. She explained that the First Amendment argument focuses on U.S.-based creators and users, whose rights to free speech and self-expression may be infringed by the ban. ByteDance, as a foreign-owned company, does not enjoy the same protections under U.S. law.
Find the full interview here: Lowcountry TikTok Creators Weigh In on Pending Ban.
In her second ABC News 4 appearance, Erin discussed the practical implications for small businesses and influencers in Charleston who rely on TikTok as a marketing platform. She noted that while alternative social media channels exist, the ban could cause significant disruption, particularly for those who have built audiences and revenue streams exclusively on TikTok.
Catch the full interview here: Charleston Entrepreneurs Fear Livelihood Impact as U.S. TikTok Ban Looms.
Follow Along @ErinBaileyLaw
For deeper insight into the TikTok ban, including a 12-part deep dive, an ongoing reaction series on the Supreme Court oral arguments, and, drum roll, her predictions for the outcome, follow @ErinBaileyLaw on TikTok and Instagram.
Stay tunned for more legal insight, updates and reactions from Erin Bailey as this landmark legal battle unfolds.
Komentarai