TikTok is a social media app that allows users to create and share short videos. TikTok is owned by the Chinese national firm, ByteDance. Both the US Congress and several state governments have proposed banning TikTok, primarily out of concern that ByteDance is mining data and sharing it with the Chinese government. Several colleges and universities have banned TikTok, including most recently, all state universities in Tennessee. The colleges have enforced the bans by blocking TikTok addresses on campus Wi-Fi and banning the TikTok app on college-owned devices. These bans can be devastating for some students and remain profoundly unpopular.

Students Most Impacted by TikTok Bans

Some students particularly impacted by a TikTok ban include:

• Students with large numbers of followers who create content on TikTok as a source of revenue.
• Students employed managing the social media presence of their employer — TikTok is critical for some demographics.
• Students who use TikTok to market their own small businesses.

Even for students without a monetary interest in TikTok, these bans are very unpopular.

Students Circumventing TikTok Bans

Some students use strategies to work around TikTok bans, such as accessing TikTok through a VPN or simply using data instead of Wi-Fi when using TikTok on campus. It is not apparent whether these activities violate the TikTok ban in question, although they may violate state law.

Possible Code of Conduct Charges

In response to strategies circumventing TikTok bans, universities may institute disciplinary charges against students as Code of Conduct violations. Most universities have a Code of Conduct violation for computer misuse. Universities are likely to treat violations of TikTok bans as computer misuse.

Issues with TikTok Bans – Free Speech and Inequality

Whereas there is little question that a university can ban certain sites from its own Wi-Fi, an outright ban of TikTok may be a violation of students' First Amendment rights to free speech. During a recent US Congressional hearing on a proposed TikTok ban, a coalition of civil rights groups sent a letter advising Congress that the proposed federal TikTok ban would violate First Amendment free speech rights.

Further, if using TikTok content is dependent on expensive data, students with higher incomes will have easy access to TikTok while poor students will not. Students who must use computers or other gear owned by the University will be much more limited since any viewing of TikTok on these devices—even off campus—might violate the ban.

These basic concerns of free speech and fairness may be part of a student's response to alleged conduct violations.

Do Not Wait If You are Accused of Violating a TikTok Ban

If you are accused of violating a TikTok ban, it is critical that you find an attorney-advisor who can navigate the unique proceeding at your university or college. Joseph D. Lento and the Lento Law Team have extensive experience assisting students and their families with similar code of conduct cases. Call attorney Joseph D. Lento today at 888-535-3686 or reach out online to learn more about how he can help you.