The American Civil Liberties Union (ACLU) Monday urged Congress to vote against a piece of legislation that would ban TikTok in the US. In a letter of opposition, the ACLU branded the legislation as “vague and overbroad,” stating that a complete ban on TikTok would violate the US Constitution’s First Amendment right to freedom of expression.

The legislation’s purpose is to protect data from the Chinese government, but the ACLU alleged that the wording would allow for broad misinterpretation. Phrases such as “subject to the influence” of China are not defined. This could be applied in a way that “will stifle speech otherwise protected by the First Amendment.”

The ACLU also took issue with the way the bill was presented, stating:

Despite this legislation’s sweeping First Amendment implications, it was scheduled for markup without first holding a hearing. Moreover, the bill text and notice of the markup was not available online until just two calendar days (not business days) before the scheduled markup. There was no meaningful opportunity for interested stakeholders to share the implications of this legislation with members of the committee.

If the ACLU’s suggestions are followed, this would mark a second time that the US has unsuccessfully tried to ban the social media platform. When former President Donald Trump attempted to do the same in 2020, the ACLU noted that it “could cut off the flow of information, art, and communication that social media provides.” The ACLU also dubbed his actions as an “abuse of emergency powers.”

While TikTok is still available to users globally, governments in Canada, the European Commission, Wisconsin and North Carolina have banned the app from government devices for security reasons.