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LGBT Tech Statement on H.R. 8038

Please attribute the following statement to LGBT Tech.

LGBT Tech strongly opposes the recent enactment of H.R. 8038, legislation amounting to a de facto national ban on TikTok by requiring the sale of the platform. A ban on TikTok would severely impact the First Amendment rights of LGBTQ+ users, erecting an additional barrier between them and the communities and resources they turn to online spaces for.

H.R. 8038 both infringes on the rights of users and sets a dangerous precedent for government intervention in the digital sphere. Given that similar legislation in Montana has already been blocked on First Amendment grounds, we anticipate this legislation will face significant and related constitutional challenges.

While protecting the data of users is paramount, this bill will not achieve that goal as stated. Effective digital governance must address the broader ecosystem rather than targeting one particular application or platform, and we continue to push for such legislation, namely a nationwide comprehensive data privacy bill.

Our opposition to H.R. 8038 remains firm, and we urge policymakers and this Administration to consider the implications of its passage on user rights and digital equity.

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