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How to Write a TOK Essay

Last Updated: December 28, 2023

This article was co-authored by Stephanie Wong Ken, MFA . Stephanie Wong Ken is a writer based in Canada. Stephanie's writing has appeared in Joyland, Catapult, Pithead Chapel, Cosmonaut's Avenue, and other publications. She holds an MFA in Fiction and Creative Writing from Portland State University. This article has been viewed 251,161 times.

The International Baccalaureate (IB) Theory of Knowledge essay is a 1200–1600 word essay on prescribed topics or titles created by the IB. As the name suggests, your Theory of Knowledge (TOK) essay should focus on knowledge issues (what is knowledge? why and how do we know things?) and link to other areas of knowledge as well. About two-thirds of your final TOK grade is determined by your score on your TOK essay.

Choosing Your Essay Title

Step 1 Understand the structure of a TOK essay.

  • Mathematics
  • Natural sciences
  • Human sciences
  • Religious knowledge systems
  • Indigenous knowledge systems

Step 2 Ask your teacher for the prescribed titles for the TOK essay.

  • “Compare the roles played by reason and imagination in at least two Areas of Knowledge.”
  • “When mathematicians, historians and scientists say that they have explained something, are they using the word ‘explain’ in the same way?”

Step 3 Select a title carefully.

  • Do you understand the keywords or concepts in the title? You may not be clear on what a title is asking you to do. Go through the title and highlight any words or concepts you are unsure about. Some titles will use keywords from TOK courses, such as “belief”, “knowledge” “truth”. You may want to check back on your class notes and consider what these words mean in the context of the title.
  • Do you have a strong interest in the title? The title should play to your interests and you should feel you can write about the title with care and diligence. For example, if you are skilled or interested in the arts, you may choose a title like “Compare the roles played by reason and imagination in at least two Areas of Knowledge” and pick the arts as one area of knowledge. Keep in mind, however, you should balance your passion for the title with an objective perspective.
  • Do you have something relevant to say about the title? It’s important that you relate the question to the ideas you have covered in your TOK course, as well as the topics you have studied in class, and your own personal experiences or thoughts. The essay should have an objective tone, but you will still need to inject it with personality, passion, and clarity.

Step 4 Put the title in your own words.

  • For example, in a title like: “When mathematicians, historians and scientists say that they have explained something, are they using the word ‘explain’ in the same way?”, you may rephrase it into two sentences. The title refers to three AOK: mathematics, history, and science. It is then asking you to compare and contrast the way these three AOK use explanation as a way of knowing about a topic or issue.
  • By breaking down the title into short sentences, you now have a clearer picture of what the title is asking you to do and how you might go about answering the title sufficiently.

Structuring the Essay

Step 1 Note the assessment criteria.

  • Understanding the knowledge issues: your essay must be focused on the knowledge issues, link and compare at least two knowledge issues, show relevancy between at least two knowledge issues, and demonstrate a sophisticated understanding of the knowledge issues.
  • Knower’s perspective: your essay must demonstrate independent thinking, self-awareness, at least two different perspectives, and several supporting examples.
  • Analysis of the knowledge issues: your essay must show insight and depth, justify your main points, present arguments and counter-arguments, and explore any assumptions and implications of your topic.
  • Organization of ideas: your essay must be well structured, explain key concepts, be factually accurate, and cite references where applicable.

Step 2 Read the essay instructions.

  • You may also be asked “to what extent” or “in what way” a statement is justified. You will then need to present for and against arguments for the statement.
  • If you are asked a direct question, your essay should address to what extent or in what ways you are for and against an argument or position.

Step 3 Brainstorm ideas around the essay title.

  • Start by doing a general, open brainstorm. Write down everything that comes to mind when you think about the title without passing judgement on any of the ideas, or stopping to read over your brainstorm.
  • After five minutes of brainstorming, read over your notes. Identify ideas that relate to each other or that contradict each other. If you are evaluating or assessing a claim in the essay title, create a for column and an against column. Group your brainstorming ideas into either column. Create a third column for grey area ideas, or ambiguities, and place ideas in that column.
  • Note any examples of the ideas that you wrote down. For example, you may be addressing a title like: “When mathematicians, historians and scientists say that they have explained something, are they using the word ‘explain’ in the same way?” You may create a brainstorm for each area of knowledge (mathematics, history, science) in relation to the idea of explaining something. You may then use examples of “something” that can be explained in each AOK: a mathematical equation, a historical moment in a battle or a trial, and a scientific theory.

Step 4 Identify the knowledge issue in the essay title.

  • You should also identify the areas of knowledge you will be discussing in your essay. For example, for a title like: “Compare the roles played by reason and imagination in at least two Areas of Knowledge” you may choose two AOK: the arts and science. You may then compare and contrast the function of “reason” and “imagination” in the arts and in science.

Step 5 Create an outline.

  • Paragraph 1: Introduction. You would provide an explanation and interpretation of the title and identify the key terms in the title. You would also state your thesis and explain or identify a knowledge issue related to the title.
  • Paragraph 2: First Area of Knowledge. For example, the arts. Discuss how the arts answers the title and provide supporting examples. You should also note any counter-arguments against the title or any limitations of the supporting examples.
  • Paragraph 3: Second Area of Knowledge. For example, mathematics. Note how mathematics answers the title and provide supporting examples. You should also note any counter-arguments against the title or any limitations of the supporting examples.
  • Paragraph 4: Third Area of Knowledge (if applicable)
  • Paragraph 5: Conclusion. Summarize your main ideas and restate your thesis. Conclude by answering the title fully, taking into account the counter arguments and limitations of the areas of knowledge.
  • You may also decide to structure your essay based on a main argument and a main counter-argument. Your outline may contain four paragraphs total:
  • Paragraph 1: Introduction and explanation of the knowledge issue.
  • Paragraph 2: Main argument, with justification and one to two supporting examples.
  • Paragraph 3: Main counter-argument, with justification and one to two supporting examples.
  • Paragraph 4: Conclusion.

Step 6 Create a thesis...

  • Some students find it useful to draft their thesis statement once they have finished writing a first draft of the essay. By this point, you will likely have a better sense of the main arguments in the essay and be able to write a clear, concise thesis statement.
  • For example, you may need to create a thesis statement for this title: “Compare the roles played by reason and imagination in at least two Areas of Knowledge.” You have chosen two AOK: the arts and mathematics. Consider how reason and imagination function in the arts and in mathematics, as well as the different ways they function in each AOK. Your thesis may be: “Through reason and imagination play an important role in both mathematics and the arts, the imaginative thoughts of mathematicians must be provable, while the imaginative thoughts of artists need only be reasonable.” [5] X Research source

Writing the Essay

Step 1 Use your essay outline as a guide.

  • You may want to also refer back to your brainstorming notes to identify the supporting examples for your two areas of knowledge, or your main argument and your main counter-argument.

Step 2 Avoid using dictionary definitions in your essay.

  • For example, you may be discussing the use of reason and imagination in the arts. Rather than discuss a familiar artist, like Picasso, or a familiar example of imaginative thinking, like the Sistine Chapel, use supporting examples that feel original and insightful. Though the essay should be objective in nature, it should also feel reflective and personal. Using a supporting example that you feel passionate about, like Pollack’s kinetic movement paintings, or Rodin’s sculptures, will show you have taken the time to explore unique examples.

Step 3 Cite all external sources using MLA style citations.

  • Reference surprising or little known claims, but not well known facts or commonly held opinions. For example: “The sun is the center of the solar system” is a well known fact you will not need to cite. But “Rodin was a traditionally-schooled artist and had a craftsman-like approach to his work” will require a citation as it is maybe a little known fact.
  • Reference any sentences or sections where you are closely following someone else’s train of thought or argument, even in your own words.
  • Reference exact quotes, and use quotation marks.
  • Be consistent with your citations and the way you reference certain sources.

Step 4 Read your essay out loud.

  • As you read your essay out loud, make sure there are no vague or abstract sentences or terms. You want to ensure you use your 1600 word count in a clear and concise way. Every word will count in your TOK essay.
  • Confirm you have addressed knowledge issues in your essay. Your essay should answer the question “How do you know?” and assess the strengths and weaknesses of knowledge claims in at least two areas of knowledge. You should also use arguments and counter-arguments to support your thesis statement, as well as strong supporting examples.

Step 5 Correct any spelling or grammatical errors.

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About this article

Stephanie Wong Ken, MFA

To write a TOK essay that compares several areas of knowledge, start with an introductory paragraph that explains your title and states your thesis. Then, write 2-3 main body paragraphs, discussing in each a single area of knowledge and how it relates to your title. Try to provide supporting examples in each case, and address any potential counter-arguments, as well. Finally, end your essay with a conclusion that summarizes your main ideas and restates your thesis. When you’re done, check to be sure that you’re within the 1,200-1,600 word limit for the essay. To learn from our English reviewer how to choose an essay title and create your thesis statement, read on! Did this summary help you? Yes No

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IB ToK Essay Titles and Topics: May 2023

Here are links to ideas and suggestions relating to the the six May 2023 IB ToK Essay topics:

  • Topic 1. Is replicability necessary in the production of knowledge? Discuss with reference to two areas of knowledge.
  • Topic 2. For artists and natural scientists, which is more important: what can be explained or what cannot be explained? Discuss with reference to the arts and the natural sciences.
  • Topic 3. Does it matter if our acquisition of knowledge happens in "bubbles" where some information and voices are excluded? Discuss with reference to two areas of knowledge.
  • Topic 4. Do you agree that it is "astonishing that so little knowledge can give us so much power" (Bertrand Russell)? Discuss with reference to the natural sciences and one other area of knowledge.
  • Topic 5. Are visual representations always helpful in the communication of knowledge? Discuss with reference to the human sciences and mathematics.
  • Topic 6. To what extent is the knowledge we produce determined by the methodologies we use? Discuss with reference to history and one other area of knowledge.

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Title 1: Is replicability necessary in the production of knowledge? Discuss with reference to two areas of knowledge.

Thoughts to consider with essay 1 include:

  • the distinction between necessary and sufficient requirements
  • the relation between replicability and objectivity
  • the relation between replicability and sharable perspectives

These thoughts, and others, will be developed here shortly: come back soon!

Title 2: For artists and natural scientists, which is more important: what can be explained or what cannot be explained? Discuss with reference to the arts and the natural sciences.

Thoughts to consider with essay 2 include:

  • the relation between explicability and effability
  • the limits of language and expressibility
  • the relation between explanation, understanding and knowledge

Title 3: Does it matter if our acquisition of knowledge happens in "bubbles" where some information and voices are excluded? Discuss with reference to two areas of knowledge.

Thoughts to consider with essay 3 include:

  • can there be purely subjective knowledge?
  • can there be purely objective knowledge?
  • what is required to share another's perspective?

Title 4: Do you agree that it is "astonishing that so little knowledge can give us so much power" (Bertrand Russell)? Discuss with reference to the natural sciences and one other area of knowledge.

Thoughts to consider with essay 4 include:

  • the varieties or types of power
  • is knowledge always inversely proportional to power
  • could one have power without any knowledge?

Title 5: Are visual representations always helpful in the communication of knowledge? Discuss with reference to the human sciences and mathematics.

Thoughts to consider with essay 5 include:

  • the relevance of truth to representation
  • the distinction between practical and theoretical knowledge
  • is written language a visual representation?

Title 6: To what extent is the knowledge we produce determined by the methodologies we use? Discuss with reference to history and one other area of knowledge.

Thoughts to consider with essay 6 include:

  • the difference between a method and a methodology
  • can any knowledge be unmethodically?
  • must a methodology be consciously deployed?
  • 1. Is replicability necessary in the production of knowledge? Discuss with reference to two areas of knowledge.
  • 2. For artists and natural scientists, which is more important: what can be explained or what cannot be explained? Discuss with reference to the arts and the natural sciences.
  • 3. Does it matter if our acquisition of knowledge happens in "bubbles" where some information and voices are excluded? Discuss with reference to two areas of knowledge.
  • 4. Do you agree that it is "astonishing that so little knowledge can give us so much power" (Bertrand Russell)? Discuss with reference to the natural sciences and one other area of knowledge.
  • 5. Are visual representations always helpful in the communication of knowledge? Discuss with reference to the human sciences and mathematics.
  • 6. To what extent is the knowledge we produce determined by the methodologies we use? Discuss with reference to history and one other area of knowledge.
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Guide to the TOK Essay

What’s covered:.

  • What is Theory of Knowledge (TOK)?
  • What is the Theory of Knowledge Essay?

How is the Theory of Knowledge Essay Scored?

How to structure your theory of knowledge essay.

The International Baccalaureate Diploma Programme (IB/IBDP) is a rigorous and rewarding internationally based educational program that offers courses in numerous studies, from humanities to chemistry. Students take part in a two-year curriculum that includes external examinations, internal assessments, research papers and community service hours. Essentially, students will have to do a bit of everything, especially with IB’s core, which is CAS, TOK, and the extended essay (EE). Understanding how TOK, IB’s flagship class, is assessed with its essay is important to success in the course overall. 

What is Theory Of Knowledge (TOK)?

Theory of Knowledge is IB’s way of introducing a more intuitive way of thinking into classrooms. TOK is at its surface as simple as it sounds: you essentially learn the “what” and “why” of how we learn and understand knowledge. In order to assess students of their skills in TOK, IB uses an essay and a presentation. The essay makes up 67% of your total TOK score, making it the most important task to focus on for getting a high score. 

What is the Theory Of Knowledge Essay?

The TOK essay is a 1600 word essay written about topics usually given to students from their teachers from a list of numerous options. It is an essay that promotes arguments and counterarguments for the topic at hand. Understanding your ways of knowing (WOKs) and areas of knowledge (AOKs) is extremely crucial before you even start choosing a topic to write on, as your essay will revolve around and structure itself based on these two concepts. Being able to demonstrate higher-level thinking and using examples to solidify the points you make in your essay is also important. Additionally, you’ll need to reference every source of information that you use, since that is something examiners look for as well.

As said earlier, 67% of your grade is from the essay, and your overall TOK score receives a letter grade using a calculated score out of thirty. Your essay score and presentation score are each out of ten. The grades for your TOK presentation and essay are determined by sending material to the board of IB, from which they designate a grader/examiner to read your essay and grade based on a rubric that determines the level of knowledge you exhibit in your writing.

The following formula should better explain how to find your TOK grade. 

(presentation score) + (essay score * 2) = overall score out of 30

The grade boundaries out of 30 that determine your letter grade can vary each year so checking in with your school for the most recent ones is the best course of action, but an example set would be like this:

Once you have a letter grade for IB, your extended essay, which is another part of the core, is also included into a larger grading schema to calculate your core score, which is three additional points required to complete and earn the diploma. The following table details this grade further:

Doing well in the core is important to passing IB and getting three points out of the total 45 attainable points. 

There’s a trick that most IB students use in writing the TOK essay, and it boils down to understanding four key components of learning:

  • Content : Understanding knowledge issues
  • Clarity : Structuring your essay in a legible and clear/easy to read manner
  • Creativity : Using your personal ways of thinking and applications of knowledge specific to your understanding of the knowledge issue
  • Critical Thinking : Using a counter argument for every argument you have to analyze your own claims constantly 

Dividing your actual essay into three main chunks helps, starting with an introduction. Your introduction should be where you state your knowledge question, the central point of your essay, and you should make use of jargon specific to the concept. As the basis of your essay, the introduction should be where you form claims and counterclaims that either support or challenge the knowledge question through heavy analysis and evaluation. 

The body of the essay follows the introduction, and it is where most of the conceptual analysis of your knowledge question takes place. Every argument and its counterargument should have a dedicated paragraph of its own, and make sure to not jump back and forth too much throughout the essay. to avoid creating messy transitions for the reader and potentially harming your score. Understanding the essay from the reader’s point of view is important, as it will help you better understand how to structure the body of your essay.

A conclusion in the TOK essay is mainly for finding closure among the numerous arguments that have been taking place thus far in the essay. Make sure to summarize but not repeat previous information entirely to refresh the reader. A conclusion should essentially loop back to the beginning of the essay, the knowledge question. The knowledge question’s answer should be the conclusion and the stopping point of the essay, and by now the answer you provide should be backed by paragraphs of supporting claims and counterclaims. If done right, concluding the essay can be how you earn most of your points. 

Start Early

Starting early is an obvious and effective advantage to students. Aside from TOK, let alone the presentation, IB has substantial work that requires focus and allocated time dedicated to it, such as external examinations and the extended essay. These tasks are equally as important as the TOK essay, so starting your outlining, drafting or even just planning early will set you up for success.

Send Your Drafts to Your Teacher

Your TOK teacher is a great resource for drafting essays and making edits to perfect your final product. Making use of time outside of the classroom to catch your teacher for a quick review of your essay could be a bigger advantage than you realize. Making use of an outside perspective is essential to forming a great essay. 

While your final IB grade isn’t as important as you’d think regarding college admissions, understanding how to pass TOK and using the lifelong practices you’ll learn in the class is even more important. TOK creates students who think outside conventional methods, making them excellent candidates in the eyes of college admissions offices. Taking TOK and showing proof of understanding it as well as capability of academic rigor is what colleges are looking for. For more information on how your chances of college admissions might look, use CollegeVine’s admissions calculator !

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EXPLAINED: May 2024 TOK Essay Prescribed Titles

What happened to this post? HackIB has been acquired by MyIBTutor . All content is now available on the MyIBTutor Blog with more exciting IB content to come! Click here to see it for yourself!

Looking for November 2024 Session TOK Essay titles? Click here.

TOK Essay Titles – May 2024 Examination Session

The titles for May 2024 are released! Here they are below:

Make sure to bookmark this page as I explain and provide examples for each of these titles in depth! UPDATE: Title 1, 2, 5 and 6 are now available. Stay tuned for more! For general guidance on how to write a good TOK essay, check out my TOK Essay advice collection .

Is subjectivity overly celebrated in the arts but unfairly condemned in history? Discuss with reference to the arts and history.

How can we reconcile the opposing demands for specialization and generalization in the production of knowledge? Discuss with reference to mathematics and one other area of knowledge.

Nothing is more exciting than fresh ideas, so why are areas of knowledge often so slow to adopt them? Discuss with reference to the human sciences and one other area of knowledge.

Do we underestimate the challenges of taking knowledge out of its original context and transferring it to a different context? Discuss with reference to two areas of knowledge.

Do we need custodians of knowledge? Discuss with reference to two areas of knowledge.

Are we too quick to assume that the most recent evidence is inevitably the strongest? Discuss with reference to the natural sciences and one other area of knowledge.

This title attempts to challenge students on the main school of thought that you learn over the TOK course. The gist of your TOK teaching on both of these AOKs probably boiled down to something like: everything is art and it’s just whatever the artist wants to create, while history is always biased because the winners always write all of history. However, this eliminates much of the nuance in each of these AOKs that are worth exploring. That’s what makes this prompt interesting.

Is subjectivity overly celebrated in the arts? I will be honest, I never thought we really ‘celebrated’ subjectivity. It just, was. Inherently, art is a subjective exercise – you can think about this point a little further. You will find some heated discussion on whether art is subjective or could it be objective on the internet and I won’t delve into that here, because it isn’t the point of this title. The key here is to focus on the EXTENT of subjectivity and is it to the detriment of the area of knowledge itself. Then, we have to consider, whose subjectivity are we talking about: is it the artist’s subjectivity, or the audience’s subjectivity. For example, the Mona Lisa wasn’t that well known when it was first painted. I’m sure the Da Vinci thought it was quite a nice piece, but it seems like we didn’t really celebrate his subjectivity. It wasn’t until a certain audience found it subjectively good, that we accepted it as one of the greatest pieces of art in the world! That is an example of how subjectivity is relevant in the dissemination of artistic knowledge. For a more modern example, what about your favourite YouTuber? Do they truly make what they want? NO! They are often beholden to sponsors, and you – the audience! What you want to see, is what they will make! So it is YOUR subjectivity that drives their decision to produce art, not necessarily purely their subjectivity. Subjectivity by definition is just a person’s opinions, emotions, thoughts. This connects well with the TOK concept of values. What VALUES and WHOSE values are determining what art is created (in a variety of contexts), how art is perceived, and how art changes in its reception over time? These are all good questions to ponder. For more unconventional examples about art, think about how museums choose what art to display, what constitutes good art for prizes like the Nobel Prize for Literature, or why some art is considered more expensive than others? Are there systematic ways to think about our subjectivity and how we apply it to art? Is it really overly celebrating subjectivity or simply a necessity to make sense of the abundance of artistic knowledge in a sea of information today?

History gets a bad rep in the TOK classroom. Students like to trash on History calling it biased and unreliable. In this prompt, I don’t want you to refute these claims, but just think about how they aren’t necessarily catastrophic as we might think. We aren’t denying that biases in history could be problematic. I would be suspicious too, if the only accounts of the Rohingya Genocide came from the Myanmar military. However, the word condemned in the title suggests that we might be too harsh on historians when they get things wrong. We should focus on how the historical method recovers itself from failures in biases from its sources. Yes, it might be biased, but is it better than no history? Furthermore, does subjectivity actually ADD value to the way we produce, and interpret historical knowledge? While I’m sure a completely objective, news story like report of what happened in 1886 would be a historian’s dream, that isn’t the case! No matter how objective we try to be, we colour the events we experience by our own opinions, feelings and emotions. But isn’t that history in itself? In an almost cliched way, history’s subjectivity tells us more about what happened in the past and their beliefs and values more than words could ever say.

In both the historical and artistic discussions, you should focus more on the methodologies of these AOKs and how they achieve their AOK’s purpose. Subjectivity manifests in different ways in these AOKs and their methodology reflects that. In the overt awareness of subjectivity in the Arts, its method to produce knowledge is characteristically defined by subjectivity. In History, the method is to identify the covert influences of subjectivity, then to produce the most truthful knowledge possible. You can see that the goals of these two are different, and hence they deal with subjectivity differently. Don’t fall in the trap of focusing your discussion too much on your examples, but generalise to the patterns of how subjectivity manifest in your AOKs and whether their treatment of it is problematic.

It is crucial, when writing the essay for this prompt, to clearly define in your introduction what specialisation and generalisation means. DO NOT use the dictionary definitions here – since this is a TOK Essay, you want to make a TOK version of specialisation and generalisation, in terms of how these two things differ in the production of knowledge. Clearly defining the two in this way will form a solid foundation for you to have a nuanced discussion on this process of reconciliation between the two. The prompt hints at the competing demands on knowledge of specialisation and generalisation – i.e. you might not be able to produce knowledge in the same way if you were aiming for specialisation versus generalisation. So, this provides a point of contrast for you to choose examples and frame your discussion. Remember, the idea of competing demands is an ASSUMPTION, not an argument posed by the question. You should focus on how your chosen examples demonstrate a way to balance the interests of both and reach a ‘middle-ground’ rather than arguing that specialisation or generalisation are compatible with each other. TLDR: Don’t challenge the assumption.

For the first AOK of Mathematics, you should have encountered many personal examples just from your study of IB Maths. Most of your learning has been on generalisation, and the application of such generalisations. For instance, you learn about Calculus, a general topic within Mathematics, and then apply it in various contexts. Mathematicians love generalisations – that Calculus you learned? Well, the definition of a derivative generalised for all functions could be summarised by the first principles of derivatives function that HL AA students learn. You would have less interaction with specialisation of Mathematical knowledge. In a broader sense, the specific components of mathematics, cannot be separated from the general. You can’t solve calculus problems without the fundamental theorem of calculus. However, you could argue that the fundamental theorem of calculus didn’t need calculus problems to exist. Thus, an interesting dilemma arises in Mathematics – the generalisation could be produced, without a particular need for specialisation, but specialisation often calls for generalisation to first exist.

Looking at the latest mathematics research, you will find that applied mathematics is most common. Rarely do you see people get excited by new discoveries of solutions to elliptical curves, but more do when you tell them a new mathematical model to improve our prediction of the weather. We may place greater value on specialisation of knowledge, because we could see its usefulness more immediately, but, the Area of Knowledge does not require such specialisation to produce knowledge. So, do we encourage people to produce knowledge with the goal of specialisation in mind, or do we tell them to produce whatever theoretical generalised mathematical knowledge they can? Look to how mathematics is applied to Quantitative Finance, Econometrics, and Actuarial Science. They specialise mathematical knowledge and provide for some of the most lucrative careers. Does that speak to our preference and demand for specialised knowledge? But then again, what of the interdependence between generalisation and specialisation? How do we balance the two and how does the methodologies of the AOK contribute to this balancing act?

For the second, complimentary AOK, you could have discussions with all of the AOKs. For the Sciences, you could present a similar argument about needing to have some general theories before you could specialise. The scientific method is essentially one big generalisation process – you take specific observations and you make inferences so that you can generalise about some natural process. However, the knowledge that produces need not be general, it can still be specific. If we take specialisation as the goal, then we could pose narrow hypotheses to test. If we take generalisation as the goal, then we might need multiple of these narrow hypotheses to form a full picture, testing each individual case. Thus, specialisation could lead to specialisation alone, but more often, generalisation is the result of many specialisations.

One last question you might want to consider and attempt to answer in your essay is, do you want to know something about everything or everything about something? The answer to that will depend on your AOK. While we want to know about everything on everything, that is simply not reality. So, what trade offs do we make in each AOK, and how does each AOK decide on what we need to know more on?

You might be able to appreciate how long it takes ideas to actually be implemented in reality by looking at the recent Nobel Prize winners for Economic Sciences. The winner of the 2017 prize was Richard H. Thaler, for his contributions to behavioural economics. He explored the impacts of limited rationality, social preferences and the lack of individual self-control on economic decision making on an individual and market level. He started these findings from the 1980s, but it is only recently, in the 2022 revision of the IB syllabus that Economics students learn about the field of Behavioural economics in any detail! So why is it so?

To some extent, it is hard to criticise things for moving slowly. After all, new discoveries like behavioural economics represents a fundamental paradigm shift towards the way research is conducted in the particular AOK. Often times, fresh ideas are left to “ferment” so that their truthfulness can be tested with time. Nothing is more embarrassing than going down a rabbit hole only to find that your assumptions turned out to be monumentally incorrect. Even if we are making a big shift in light of new ideas towards the way we produce knowledge, doing so takes time! For many years and still now, we rely on strong assumptions of rationality to make economic models function. While the psychology of such behaviours are well researched, applying them to an Economic setting may not be. That is to say, it is important to consider how these new ideas arise, and what effect it has on existing knowledge, and the way we produce future knowledge. New ideas is simply new knowledge, but with the added implication that it has some effect on the existing knowledge within an AOK. It could potentially change how we view current knowledge, or how we conduct research given a particular discovery.

In the AOK of the human sciences, which broadly follows the scientific method, you could drawn some inspiration from the philosopher Thomas Kuhn’s view of scientific progress. He argues that within a period of “normal science” where we make incremental progress under the assumption of an overarching model, but there comes a point where we notice accumulation of imperfections with such a model that leads to new paradigms – new ideas, that fundamentally change how we do science. Then we undergo a sort of scientific revolution, where there are debates and decisions made over what sort of model we need to follow, until everyone eventually accepts the new paradigm and returns to a normal science period so that continual small improvements are made to knowledge, until another paradigm shift happens again. While you are not expected to demonstrate such strong philosophy knowledge within the TOK Essay, it is helpful to consider how each AOK handles such ‘revolutions’. For instance, it is harder to irrefutably find falsities in human sciences given the difficulty in replicability and corroborative studies compared to natural sciences.

As for complimentary AOKs, any would suit here, as each AOK has a very different way to handle new ideas. Many factors influence the way new ideas is accepted. For this title, we need to take the assumption that their acceptance is slow, not argue with it. Instead, you should consider what factors influence this slowness, and how different AOKs have different factors in mind when deciding how to accept new ideas. This relates to the nature of the AOK (what is its purpose) and the methodology guiding knowledge production in them.

Have you ever said something that sounds very weird out of context? That might have just been something silly with no real consequences, but in the realm of knowledge, we need to be careful about the consequences of knowledge taken out of their original context. This article highlights how the context of medical treatment matters a lot! As you can imagine, something that works in one field, doesn’t always apply in a straightforward manner to another. This is why there are whole research teams dedicated to what we call “translational research”. That is, trying to “translate” what you get from something like a lab setting, into actual products, like life-saving medications.

The obvious links to AOKs here are the Natural and Human Sciences. For Natural Sciences, we often start off knowledge production in a lab setting, or in a controlled environment. However, the application of such knowledge is rarely as controlled! So an interesting point to consider is how natural scientists have to account for the fact that their findings won’t ever be used in as perfect a setting as their research. Sure, you might have developed bullet proof wood , but how is that going to work in practically when it comes to mass manufacturing it for the army or the police? This is one of the biggest challenges that natural scientists face. It’s not that we aren’t trying to produce exciting knowledge, but that the application of such knowledge in a practical and appreciable context is often very difficult. Something like the mRNA technology (which recently was awarded a Nobel) took a long time to be developed into actual vaccines. The question then is, do we underestimate this process? Often it depends on the goal of the scientist. If the knowledge producer set out with an idea to commercialise in mind, then they would often consider the practical implications of findings. However, people studying theoretical physics for example, would struggle to immediately find very accessible real life implications. That doesn’t mean the knowledge is worthless, but certainly, the challenges are there.

What about non-scientific disciplines? Recently, I went to an art exhibition that trend Van Gough’s paintings into a 3D digital display. There was a Banksy exhibition that took the original murals he painted on the street, into this museum environment. Does changing the context of how art work is shown, and the manipulation of artistic knowledge change its meaning? What is the goal of transforming art into a different context? There are many reasons. Sometimes, it is to create satire (have a look at the parodies of the Mona Lisa), bringing old art onto a new audience (like VR exhibitions of Da Vinci), or simply making it more accessible to people (by making art works digitally available). The producers of these adapted forms of knowledge take great care in considering how this impacts the meaning of the art in its changed form. When artwork is so subjective, the context of art is often required to understand the artist’s meaning and intention, to ‘interpret’ works accordingly. At the same time, as we know art is quite subjective, is a ‘correct interpretation’ always required? If we are to remain artistic purists, then many of the joys of art could be lost! Imagine if you were admonished for listening to Taylor Swift through Spotify on your AirPods because it isn’t the original uncompressed music file with all the details, and you aren’t listening to it on the exact set of thousand dollar speakers it was created with? It would be ludicrous to assume that artistic knowledge is always going to be disseminated in the same context. Thus, this must be a consideration of artists. Is this consideration more or less difficult for different types of art? How is this consideration different to science considering there is no ‘right’ answer to interpreting art?

When thinking about this title, we aren’t arguing whether it is difficult. I think we all agree it is. However, it is about whether we underestimate just how difficult it is! Center your focus on how each AOK’s methodology highlights the consideration of being able to change contexts, and whether that affects the interpretation of the knowledge in question.

The term ‘custodians of knowledge’ is not something TOK students have likely heard of before, but this concept is relatively simple to understand. If you think positively about it, it could be protectors of knowledge, people who preserve knowledge, keeping it for generations to come – for example, some people might consider the Indigenous Peoples’ in Australia to be custodians of their unique cultural knowledge and what they call dreamtime stories. In this way, they keep culture alive, even if most people nowadays speak English and don’t readily tell their history. However, thought about negatively, it could also mean “gatekeepers’ (pardon the Gen Z language) of knowledge. The idealogical “protection” of knowledge could also be seen as a way to prevent some forms of knowledge from becoming knowledge in the first place. Talk to any university academic, and they will tell you how many times their research papers have been rejected. That’s why there is a bias towards statistically significant results, while research that showed that nothing significant has happened doesn’t often get published. Thus, these two contrasts provide for interesting discussion, particularly when considering how each AOK has different forms of custodians of knowledge and how they “gatekeep” or “protect” knowledge in different ways.

Take the AOK of the arts as an example. The career of artists are laughed upon because it is so hard to “break in” to the fine world of art. Many artists aren’t acclaimed until they are long dead. Perhaps most famously, the Mona Lisa wasn’t very well known until several hundred years after it was made. Thus, artists are often at the mercy of custodians of artistic knowledge like art curators and critics, who decide what merits acknowledgement as knowledge. After all, knowledge is only knowledge when there is consensus it is. And if the big wigs in the art industry doesn’t think it’s worth a mention, your art, however brilliant it seems to you, would not reach the consensus required to be considered knowledge. Of course, there are debates on the necessity of custodians in such a subjective AOK. After all, there were many times I questioned how some “artworks” even made it into the modern art museum when it’s literally splashes of paint on a canvas. I digress. However, there is something to be said about maintaining some form of standard to art. We judge whether some art is good or bad, but not in a very rigorous way. Custodians of knowledge supposedly have a framework to make such judgement in a way which preserves the nature of the AOK, and the knowledge within it. Therefore, discussion about the necessity of the custodians should focus on how they contribute to the purpose of the AOK, and whether it is compatible with the nature and methodologies of the AOK.

To further illustrate what I mean, you could see that Natural Sciences might present a stronger argument to the necessity of such custodians. We implicitly “trust” science, for better or for worse, because we know that there is a level of credibility imbued by the scientific method. It is the custodians’ role to maintain the standard of adherence to the scientific method that keeps this credibility alive. This is why, when flat earthers argue that they can’t see the curvature of the earth from the horizon, that it doesn’t get published in a scientific journal as fact! This is why, when research emerges that denies the existence of climate change, custodians have a responsibility to retract such research . However, at the same time, it also places much pressure on producers of such knowledge to create something worthy in the eyes of custodians. You might have heard of the data manipulation scandal that forced Stanford’s president to resign. Thus, custodians do appear quite important in this AOK, when we value the truthfulness of knowledge so much, but that isn’t without its consequences.

I recommend picking two contrasting AOKs that value much different things when writing the essay. While comparison is not a requirement for the essay, it gives you a more nuanced understanding of the question and thus a more reflective piece. For instance, we have just demonstrated that art is relatively subjective, while the sciences are less so. Thus, this influences the role which custodians need to play in each AOK.

The framework to answering this title for many students will follow a similar structure: an example of when novel evidence was accepted and had groundbreaking impacts, and another example where such evidence was problematic and disputed. Repeat this for the second AOK you choose and you’ll have 4 contrasting examples. This is not the only way to approach this title, but is my personal preference considering the structure I suggest to most students that ensures firstly, you will pass the basic criteria of a TOK Essay, and secondly, you will have a strong foundation to succeed. However, since everyone will have a similar style and collection of examples, it is even more important for this title, that you tease out the meaning and the effect on each area of knowledge, and knowledge in general, that your examples represent.

To demonstrate what I mean, let’s focus on two natural sciences examples. First, consider the case of “Cold Fusion”, a theory that you could supposedly have nuclear fusion at room temperature, discovered and subsequently debunked in 1989. A contrasting example, could be recent Nobel Prize winner of Medicine and Physiology, for the research on mRNA vaccines. Immediately, it is obvious that one shows where recent evidence isn’t the strongest, while the latter shows that it could be. But the focus should be on are we TOO QUICK in assuming so, not whether we should or not. Well, what are the reactions and timelines for each example? While Cold Fusion was met with excitement from the general public for the potential it holds for energy production, I wouldn’t say we ‘assumed’ it to be strong. Looking at the news reports from that time, you can see that there was great anticipation about the discovery, leading to lots of sudden funding and interest to investigate it and replicate it. As for mRNA, that discovery took a long time! First the technology, and the getting it to not appear foreign to the human body was very tricky. Even after it was discovered, we waited quite a while, with many people’s first experience with mRNA to be their COVID 19 vaccine. What you need to draw from these two examples is the methodological similarities and differences which reflect the NATURE of Science, and thus, the purpose of science. You see in both how there is an emphasis on replication which corroborates or falsifies, and only after doing so for a long time do we accept it to be true, otherwise it is debunked. So yes, there are moments where Natural Sciences provides strong compelling evidence that ends up false, there are many hurdles with in the methodology of the Natural Science that prevents us from being TOO QUICK to assume it to be true.

For this prompt, it is too easy to fall into the debate of why something was true or why something was false and tricked the population. This is not the point of the essay. You should avoid talking about the specifics of your examples at length. You need to demonstrate how your examples reflect the wider methodologies of the Natural Sciences (and similarly, for your second AOK) that either encourages or discourages our assumptions that novel evidence is always best. As you can see from my examples above, I focused on how such assumption does not happen too quickly because there are many ways we verify scientific knowledge to be true. I don’t discuss the specifics of the actual science behind Cold Fusion or mRNA as that isn’t required. You are better off focusing on the methodologies behind the AOKs themselves and answering the question.

Some interesting complements to the Natural Science AOK could be History (particularly focusing on revisionism and how historical events could be interpreted differently over time), Mathematics (how could the methodologies differ and are there ‘mistakes’ in Maths), or even Human Sciences (replication is a bit more difficult with that!).

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20 responses to “explained: may 2024 tok essay prescribed titles”.

Brandon Avatar

Hi, when will you deconstruct #6? Much appreciated.

hackib Avatar

I just did! Hope it helps.

Brandon Avatar

Thank you so much!

dora Avatar

hello! when will you deconstruct #2? would really really appreciate it !!!

Just posted!

Mathias Ndinya Avatar

Hi when will you deconstruct No. 5? Much appreciated.

Tim Habay Avatar

Could you please deconstruct no5. ?

Check it out!

alisha wang Avatar

Please Please deconstruct 5 ASAP, first draft due in 5 days!!!! Thanks!

I just did! It’s a very interesting title.

sally Avatar

Hi, when will you deconstruct #3? Much appreciated.

I have just posted this. Thanks!

TOK2024 Avatar

Hi, when will you deconstruct #4? Thanks!

Just updated!

Jais Avatar

Hi, is there more in depth analysis of title 4 coming?

Sorry it took a while, but it’s here now!

anis ayuni Avatar

I have a question, for PT3, so what will be our possible counterclaim? is it another factor that will make it slow? or find another RLS that show sometimes fresh ideas can be adopted fast ?

I would reread the prescribe title. The title is asking you “why”. So all you need to do is propose different sorts of reasons as to why this slowness occurs. You don’t need to challenge the assumption within the title that it is slow. Accept that it is slow, and propose various ideas for why that is the case according to the properties of your chosen AOK.

MS Avatar

Could you explain how you would format number One. Would I only be talking about two examples one for each AOK and what about them? Introduction, aok 1 and aok2 and conclusions

For sure! You should refer to my article on structuring for TOK Essay for more details. In general though, you can approach this prompt with two examples for each AOK, with one example about subjectivity being overly celebrated, and one not in the arts, while for history, it would be one where it is condemned unfairly vs not.

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How To Write A ToK Essay - Updated 2023

Ace your ToK Essay with our expert tips & tricks! Get the latest and greatest techniques on "How To Write A ToK Essay" and impress the IB examiners.📝💡

How To Write A ToK Essay - Updated 2023

Table of content

  • Introduction

Purpose Of ToK

Assessment of tok, the game plan, execution of the gameplan, planning for tok essay, structure of tok essay, conclusions, bibliography.

Introduce your topic accurately and state your thesis statement for the essay carefully.  A thesis statement is like a teaser to your entire essay wherein you define your key terms and introduce your interpretation of the question. Make sure that you do not reword the prescribed title in your thesis. Instead, it needs to, as the word says, INTRODUCE your readers to what your essay is about. A strong introduction allows the reader to deduce what knowledge question(s) you are trying to answer.

So, in a nutshell

  • Write interesting things about the given TOK essay title .
  • Define key terms
  • Narrow in on the particularly interesting aspect
  • State your thesis statement . This will be your short answer to your given title if you don't know how to write a killer thesis statement check out this blog from SparkNotes .
  • State your Roadmap. This will help the readers in understanding the direction of your essay.

How to write a TOK Essay? 

To answer that, you must familiarise yourself with what a TOK Essay is about.

Before you start reading this article,  Amanda  has some excellent TOK tips for you!

Theory of Knowledge is one of the most meta subjects that IB offers. Despite its complexity, TOK helps in providing a base for holistic learning and allows students to have a multidisciplinary experience. 

To understand TOK is to understand the essence of IB, a task that most people consider unattainable.

But not for you! 

Thank your lucky stars who made you land on Nail IB. How exactly will Nail IB help you? 

Well, nailing International Baccalaureate is something we will discuss later. 

Let's focus on cracking your TOK essay, shall we?

TOK demonstrates how students  can apply their knowledge  with  greater awareness  and  credibility .

Big words, huh? 

Now that we know that we cannot just slide through the Theory of Knowledge, let's understand how we can conquer this battle all guns blazing.

ToK essay’s primary objective is to answer the  why  behind our studies. 

It makes one aware of the real-life implications of their subjects. The students gain greater awareness of their personal and ideological assumptions and appreciate the diversity of different perspectives. It helps the students find their unique perception, a prerequisite for excelling in the IB TOK essays.

Before we dive into our gameplan, let’s overview the rules of the game.

There are two assessment tasks in the TOK: an essay and a presentation . While a presentation encourages students to explore a real-life situation through the lens of TOK, an essay is written on the basis of the various questions provided by the International Baccalaureate Organisation.

  • The presentation is to assess a student’s ability to apply TOK thinking to a real-life situation whereas IB TOK essay is more conceptual.
  • The essay is externally assessed by IB and must be on any one of the prescribed TOK essay titles issued by the IB for each examination session.
  • Word limit of a TOK essay is 1600 words ( excludes extended notes, footnotes, bibliography).

Now that we have unleashed the game, let’s move ahead towards the gameplan of acing both, your presentation and your essay.

One of the fundamental tasks of TOK is to examine different areas of knowledge and find out their similarities and differences.

The TOK essay requires the students to investigate two Areas of Knowledge (AOK)  and two Ways of Knowing   (WOK) . AOKs and WOKs are investigated via questions such as:

  • How do we know what we know? (WOK)
  • What counts as evidence for X? (AOK)
  • How do we judge which is the best model of Y? (WOK)
  • What does theory Z mean in the real world? (AOK + WOK)

The aforementioned are  Knowledge Questions  which help combine the Areas of Knowledge and the Ways of Knowing that they are using. This eliminates the superficial way of learning and makes an individual sensitive to the nature of the information.   Our acquisition of Knowledge can be broadly divided into Shared Knowledge and Personal Knowledge.

Shared knowledge: What WE know It is the product of more than one individual. Although individuals contribute to it, shared knowledge does not solely depend upon the contributions of a particular individual—there are possibilities for others to check and amend individual contributions and add to the body of knowledge that already exists.

Personal knowledge: What I know It is essentially dependent on the experiences of a particular individual. Also known as procedural knowledge, it is gained through experience, practice and personal involvement and is intimately bound up with the particular local circumstances of the individual such as biography, interests, values, and so on.

The best hack to ace TOK essay is to develop a habit of making connections between the construction of knowledge, its acquisition and its relevance in the real world. 

After that one needs to develop an interest in understanding the difference between diversity and cultural perspectives and personal assumptions.

One also needs to critically reflect on their own beliefs and assumptions, leading to more thoughtful, responsible and purposeful lives.

Yes, this is what you signed up for. It may sound a little intimidating but once you get the hang of it you will be able to see the matrix and understand this beautiful world a little better.

Understand that to provide the best version of your writing, it will take you more than one or two drafts. First and foremost, you need to pick your essay topic diligently. Try to choose an essay topic that best interests you. The topic should also allow you to explore the Areas of Knowledge towards which you are naturally inclined. Here are a few sample questions:

a) 'Ways of knowing are a check on our instinctive judgments.' To what extend do you agree with this statement?

b) With reference to two areas of knowledge discuss the way in which shared knowledge can shape their personal knowledge.

c) How can we know if knowledge is produced more through 'Passive Observation' or 'Active-Experiment' within the Human and Natural-sciences under a Mathematical-Perspective?

d) "The whole point of knowledge is to produce both meaning and purpose in our personal lives". Assess the validity of this statement.

Great things take time. It took me more than a couple of weeks to finalize this TOK essay guide. It is completely okay if the first few drafts may not look pleasing or award-winning to you. You will require sharpening your perspective towards the topic each time you polish your draft. Your writing journey from a dull draft to a masterpiece will be a whole process that you will have to be patient with. Have faith in yourself and proceed stepwise.

You need to consider the opinions of others who have devoted hours of research and a lifetime of dedicated studying the topic that surrounds your writing. Unravelling the realms of your mind palace is so Sherlock but let’s not deny the fact that at times, Watson is the one whose expertise helps Sherlock through pretty difficult times. I mean even Batman needs a Robin. In support of my awesome sauce examples, the point I am trying to make is that  finding support for our claims and counterclaims through research is a good thing .

Use real-life examples to support your claims and counterclaims. These examples need to be documented researched examples like studies, experiments, articles, presentations by well-known people, etc. Examples that stem from your diploma subjects are highly encouraged, but those will need to be supported by research as well.   

It is suggested that you choose a title, stick to it, tackle it and not be afraid. Do not change your mind unless there is a good reason. Also, try choosing Areas of knowledge that you truly enjoy. You know slaying a known devil is much easier than an unknown one. Allot a TIMELINE to your essay. Start with creating an outline of your essay. This will help you to track your progress and accomplish your goals

You can use tools like  Trello  to organize your ideas and plan your TOK essay.

Areas of Knowledge (AOKs): TOK distinguishes between eight areas of knowledge. They are mathematics, the natural sciences, the human sciences, the arts, history, ethics, religious knowledge systems, and indigenous knowledge systems. It is suggested that students study and explore six of these eight.

Ways of knowing (WOKs): TOK identifies eight specific WOKs- language, sense perception, emotion, reason, imagination, faith, intuition, and memory. It is suggested that studying four of these eight in-depth would be appropriate. WOKs underlie the methodology of the areas of knowledge and provide a basis for personal knowledge.

Moving ahead, let us discuss the structure of your TOK essay.

Your essay will consist of 4 broad segregations

Before breaking down further on the pillars, keep the following in mind

  • Please note what the TOK essay title is asking you. (Read it a couple of times. We highly recommend that you brainstorm ideas with your TOK coordinator)
  • Make sure you understand the command term and the question it is asking.
  • What kind of knowledge is being elicited?
  • When choosing your areas of knowledge (AoK) and ways of knowing (WoK) make sure that you are able to draw contrasts and comparisons, that is, you are able to find evidence that supports as well as challenges your claims.
  • Identify key terms in your TOK essay title. Make sure you define them. Your essay will gravitate around them. Key terms/words in your titles are your essay anchors. Your response should be built around them.
  • Your writing skills come in handy while you work on your IB TOK essay. Like any other essay make sure you have proper thesis statements and topic sentences to guide the evaluator through your work.
  • Respect the TOK essay title. Rephrasing the topic is not encouraged . Your main job is to address the title.

The body can be mainly divided into 3 segments.

Body (1st Segment)

  • AoK Claim:  Here you investigate your first Area of Knowledge and draw parallels between your AoK and the question. This is done by stating your claim. Claims can be general in nature and need not reference a particular area of knowledge. They help you shape your essay and investigate the question further. 
  • Evidence: Example of a real-life situation, describe thoroughly and accurately, which supports your stated claim. (AoK)
  • Counter-Claim: State your counter-claim: like claims, those can be general and need not reference a particular area of knowledge. Counterclaim helps you show the other side the coin and gives your essay a holistic nature. 
  • Evidence: A referenced real-life situation/example. Describe thoroughly and accurately, show how this supports your counterclaim (AoK ).
  • Don’t forget to weave in your WoKs:  You need to take into account the source of your knowledge. Here you can also investigate if your nature of acquiring the knowledge has, in any way, affected it. It is good practice to question if your knowledge would be different had it been acquired through a different source/method
  • Mini-conclusion: Here you analyze your examples in reference to your claims and counterclaims. You must connect to your thesis statement and the prescribed title. How does your proposed argument, in this particular part of the body, connect to the prescribed title and the knowledge questions you are trying to answer?

Body (2): Follow the above process for your second AOK.

  • Use this part of your essay to compare and contrast your varying AoKs. You need to connect them to your thesis and your prescribed title clearly showing how your arguments respond to the PT.

Your conclusion section will make your essay come together. It is the glue that will make your essay stick together. Herein, you need to

  • Reiterate your thesis (initial response).
  • Use your mini conclusions to write a final conclusion.
  • Tell the reader what the significance is for knowing what we know in this particular PT.
  • Discuss implications as well.
  • Offer another perspective, how will the perspective of a different person affect the claims/counterclaims you make in the essay?
  • Don’t forget to make the end strong.

We recommend all the ib students use the  citation machine  (It's FREE) to organize or generate a bibliography for your TOK essay. Please go through this extensive guide provided by the IB before you start working on your citations.

If you are still struggling heaps with your TOK essay feel free to subscribe to our tok notes bundles or get access to more than 500+ IBDP notes and past papers here .

Nail IB is your virtual companion that helps you hustle through your diploma and provide you with the right resources at the right time. To know more about acing IB, click  here .

I hope this article will become the foundation for figuring out how to write a TOK Essay.

Remember to have faith in yourself.

I hope you NAIL your TOK essay!

Quoting the great Napolean Hill

"Whatever the mind of a man can conceive and believe, it can achieve."

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tok essay topic 1

Unpacking the 2024 November TOK Titles: A Comprehensive IB Solved Guide

Two human heads with a question mark between them

The November 2024 IB Theory of Knowledge (TOK) Essay Titles are out!

Let's be honest – tackling the TOK essay can be a daunting task. With so many ideas, concepts and topics at our disposal and a myriad of ideas swirling around, it's easy to feel overwhelmed at the outset.

That's where we come in.

In this article, we'll delve into each title and offer some strategic advice on how to approach them.

General Tips to Unpacking a Title

When we first encounter a prompt, we want to think in terms of perspectives and counter-perspectives (formerly known as claims and counterclaims). This framework allows for a structured essay, exploring the title through the lens of two chosen Areas of Knowledge (AOKs) and weaving in different arguments. While the ultimate conclusion you draw may often reside somewhere between these extremes or on a conditional basis (e.g. perspective 1 is correct in certain circumstances, while perspective 2 is a better approach in other), starting with opposing arguments can facilitate the development of a more nuanced exploration and argument.

So let's get to it – here is everything you need to know about the November 2024 TOK Essay titles:

Title 1:  Does our responsibility to acquire knowledge vary according to the area of knowledge? Discuss with reference to history and one other area of knowledge.

Recommended AOKs: History (Mandatory) and Natural Sciences/The Arts/Human Sciences

This title prompts an assessment of whether we have different levels of responsibility to acquire knowledge across different AOKs. While you are open to argue against the title directly, suggesting that the responsibility is the same across AOKs, this would be unwise. It would be better to reflect on each AOK and perhaps present one perspective in support of the responsibility and one perspective against it, drawing a conclusion on which argument is stronger in each AOK.

Also consider the difference between the acquisition and production of knowledge – perhaps we have a broader responsibility to produce new knowledge in some areas of knowledge but not necessarily to acquire it as individual knowers.

Some perspectives you may consider:

Perspective: We have a responsibility to acquire knowledge to ensure that we construct an accurate record of the past. It is our responsibility to know our History and learn from the past.

Counter-Perspective: Historical knowledge is limited by subjectivity and collective memory, hence it is not essential to acquire knowledge of our past to build a successful future.

Perspective: We have a responsibility to acquire artistic knowledge to understand cultures and societies.

Counter-Perspective: The acquisition of knowledge in the Arts is for aesthetic purposes and enjoyment, not the fulfilment of a responsibility.

Natural Sciences/Human Sciences

Perspective: We have a responsibility to acquire new scientific knowledge for the continual development of mankind.

Counter-Perspective: Understanding how the world/humans work is not necessary knowledge for knowers to acquire.

Title 2:  In the production of knowledge, is ingenuity always needed but never enough? Discuss with reference to mathematics and one other area of knowledge.

Recommended AOKs: Mathematics (Mandatory) and Natural Sciences/The Arts/Human Sciences

This is a super interesting title – ensure you define 'ingenuity' from the outset. The essay almost structures itself – your first paragraph in each AOK can consider how/whether ingenuity is 'always needed', exploring how this plays out in each AOK, while the second paragraph can explore whether or not it is 'never enough'.

Some ideas you may consider:

Paradigm Shifts – To revolutionise an AOK, often ingenuity is needed to enact a paradigm shift (a new way of thinking which changes the entire knowledge structure of an AOK) and to ensure progress.

Creativity – Creative thinking is important not only for AOKs such as the Arts, but even in Mathematics and the Sciences. Discovering innovative ways of devising experiments or utilising clever analogies to explain incredibly complex concepts is integral to these AOKs.

Structure – Ingenuity is only valuable within a framework for knowledge production, whether this be an artistic process or the scientific method.

Title 3:  How might it benefit an area of knowledge to sever ties with its past? Discuss with reference to two areas of knowledge.

Recommended AOKs: History, Natural Sciences, The Arts and Human Sciences

The 'How' of this title restricts the scope to discussing different 'benefits' rather than a standard 'perspective-counter' analysis. It will also be important to define exactly what 'severing ties' involves – does this mean completely ignoring all past knowledge or simply becoming less attached to existing ways of thinking?

Some ideas for this title:

Fresh Ideas and Paradigm Shifts – By severing ties, you open up the possibility of acquiring knowledge which can overhaul an entire AOK, drastically accelerating progress.

Bias – By severing past ties, knowers can free themselves of the biases of their predecessors.

Innovation – Since existing frameworks of thinking often lead to similar conclusions, you can expand the possibilities of new knowledge by severing past ties.

However, you may interestingly conclude that these benefits are only reaped when ties to the past are severed to an extent, as it may be detrimental to an AOK to entirely negate past knowledge.

Title 4:  To what extent do you agree that there is no significant difference between hypothesis and speculation? Discuss with reference to the human sciences and one other area of knowledge.

Recommended AOKs: Human Sciences and History/Natural Sciences

This prompt is very focused on your definitions. I would suggest defining these terms distinctly and precisely from the outset. The primary question which this title is asking is whether hypotheses are mere "speculation" or "guesses", or if there is a significant difference.

Also, if selecting the Human and Natural Sciences, please ensure that your perspectives aren't repetitious and highlight the differences between these AOKs.

Development – Speculation and hypothesis differ in the fact that the development of a hypothesis generally requires significant prior research and an understanding of existing knowledge

Experimentation – Hypotheses are developed purposefully and then empirical experimentation are conducted to provide evidence either in support or against them

Emotion – Speculation tends to come from 'feelings' or 'impressions', whereas the development of a hypothesis is far more methodical

Title 5:  In the production of knowledge, are we too quick to dismiss anomalies? Discuss with reference to two areas of knowledge.

Recommended AOKs: Human Sciences/History/Natural Sciences

This title allows you to reflect on whether or not we dismiss 'anomalies' (a key term to be defined) too quickly when producing knowledge.

Paradigm Shift – Anomalies are often the prompt for a paradigm shift in the sciences, causing us to challenge existing beliefs and ideas

Exceptions – Often rather than investigating anomalies further and considering an overhaul of existing knowledge, anomalies are dismissed as 'exceptions' to the rule, rather than a justification to question the rule itself

Generalisation – There is often a focus on generating 'general' rules and theories which can lead anomalies to be dismissed (think of the Human Sciences – how often do we produce a rule about human behaviour but ignore those who behave contrary to the rule)

Title 6:  In the pursuit of knowledge, what is gained by the artist adopting the lens of the scientist and the scientist adopting the lens of the artist? Discuss with reference to the arts and the natural sciences.

Recommended AOKs: The Arts and the Natural Sciences

This title requires you to define the 'lens' of each of these AOKs from the outset. It will be better to define them quite opposingly – the scientist is more methodical, experimental and structured, whilst the artist is more free-flowing and creative. You will then be able to take these attributes and argue which elements would be better across the two disciplines.

Creativity – Scientists can benefit from the creativity of artists when developing innovative ways of experimenting, presenting results and constructing abstract theories

Structure – Artists can often benefit from a methodical approach to constructing art, particularly when aiming to convey a specific message or purpose through their art

Flexibility – Artists are often quite flexible when constructing an artwork, always willing to change and adapt to their free-flowing thoughts, an attribute which is highly beneficial for scientists who at times may become rigid in their thinking and fixed to pre-existing scientific beliefs.

And that's it - our comprehensive guide to the 2024 November TOK Titles! If you're still racking your brain as to how to begin the writing process for your TOK essay, why not check out our post on The Complete IB TOK Essay Guide . Or check out one of our Grade A Exemplar TOK Essays ! Or better yet, if you are looking for some more personal assistance with your IB TOK Essay, click below to reach out to us and we can work with you through the entire writing process, from title selection to the best structure for success!

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The Secrets to Success in the Theory of Knowledge (TOK) Essay

Unpacking the 2023 November TOK Titles: A Comprehensive IB Solved Guide

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Unpacking ToK Essay Titles

Daniel Trump

  • December 8, 2023
  • Student Support , ToK Essay

Introduction to Unpacking Essay Titles

I’m reading lots of essays from May 24 students at the moment, a common challenge that I see students face is effectively unpacking the Prescribed Title (PT) in their Theory of Knowledge (ToK) essays. Unpacking the PT is a crucial step in the essay-writing process, and this post aims to guide you through this task to improve the clarity and coherence of your essay.

Unpacking ToK Essay Title

What Does Unpacking the PT Mean?

Unpacking the PT involves explaining your interpretation of the essay title at the start of the essay, typically in the introductory paragraph. Although the ToK Essay marking rubric doesn’t explicitly require this, it significantly aids the examiner in understanding the direction and focus of your essay. It sets the stage for a “ clear, coherent and critical exploration of the essay title. ” (ToK Essay Assessment Instrument, IB 2020)

Examples of Unpacked ToK Essay Titles (May 24 Session)

To illustrate, let’s examine unpacked versions of three titles from the May 2024 session:

A possible unpacking of PT 1 May 24

Unpacking as a Prelude to the Thesis Statement

The unpacking of the title should lead into your thesis statement, which is the main argument of your essay. It provides a wider perspective on your more focused thesis statement. Ideally, this unpacking should form the opening sentence or sentences in the introduction of your essay.

Unpacking PT helps develop thesis statement

Further Resources

For more detailed insights into crafting your ToK essay introduction, refer to the earlier video on this topic. Additionally, the ebook “ How to Write the ToK Essay in 6 Easy Steps ” and the detailed guidance notes for each Prescribed title in this season offer invaluable assistance in navigating the complexities of ToK essays.

ToK Essay Help e-book

In conclusion, unpacking the Prescribed Title at the beginning of your ToK essay is a critical step that frames your argument and provides clarity to your exploration of the essay title. By carefully defining and contextualising your approach to the title, you set a solid foundation for a coherent and critically engaged essay.

Stay Toktastic !

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  • Jul 10, 2023
  • 12 min read

November 2023 TOK Essay Titles Explained with Examples

The prescribed titles for the November 2023 TOK Essay has been released! Here are all the titles with detailed explanation and examples to get you started:

Are facts alone enough to prove a claim? Discuss with reference to any two areas of knowledge.

If "the mathematician's patterns, like the painter's and the poet's, must be beautiful" (G.H. Hardy), how might this impact the production of knowledge? Discuss with reference to mathematics and the arts.

In the acquisition of knowledge, is following experts unquestioningly as dangerous as ignoring them completely? Discuss with reference to the human sciences and one other area of knowledge.

Is it problematic that knowledge is so often shaped by the values of those who produce it? Discuss with reference to any two areas of knowledge.

Is it always the case that "the world isn't just the way I is, it is how we understand it - and in understanding something, we bring something to it" (adapted from Life of Pi by Yann Martel)? Discuss with reference to history and the natural sciences.

Faced with a vast amount of information, how do we select what is significant for the acquisition of knowledge? Discuss with reference to the natural sciences and one other area of knowledge.

Below are the explanations. If you need help with TOK concepts and how to write a good essay, check out the resources in the TOK subject page!

While an initially simple prompt, sometimes the simplest statements are also the hardest to prove. I definitely feel that this is the case here. This prompt hinges on how you would personally define facts. In the TOK course, we know that knowledge is produced when someone proposes a knowledge claim, which is subsequently justified or disproven by suitable evidence. This title essentially asks of you to decide whether "facts" by themselves are sufficient evidence for us to prove a claim to be true, and hence consider it knowledge.

You may think that you have a good understanding of what 'facts' are. You have seen quick facts, cold facts, fun facts, etc... all pointing to little nuggets of information which we consider true. The question is though, how did they become true in the first place? In some areas of knowledge, 'facts' are pretty obvious. 1 + 1 = 2 is a true fact within the area of Mathematics. A Helium atom has 2 protons is a fact within the Natural Sciences. However, what constitutes facts in the Arts, History or Human Sciences?

Every single AOK has a different way of producing and dealing with 'facts'. Mathematics has their foundational axioms, the most basic set of facts that sets out how the whole AOK itself works so that things like 1 + 2 = 2 + 1 is true without us having to prove it. From there, mathematical knowledge builds upon these axioms and into a variety of sub disciplines within the AOK, developing into things like the Pythagoras Theorem or the triangle inequality, etc. Natural Science research nowadays builds upon the research done in the past. So knowledge we know to be true from before is applied to further what is to be known within the AOK to verify new claims. So it seems that perhaps facts play an important role at least in some AOKs, but is it the only requirement to produce new knowledge and justify claims? We know that in natural sciences, we tend to experiment and observe to ultimately prove or disprove a hypothesis. Without experimentation, and only using the facts we already know, it seems a bit tricky to further what we know!

I encourage you to revisit the TOK 101 page and find out more about the different stages of knowledge. Consider how facts are important in each stage of knowledge, but focusing primarily on how knowledge is produced in each AOK. How does knowledge evolve in each AOK? Can it develop organically solely from the facts we have now or does it require some additional input from other types of evidence?

The title is very specific, requiring discussion of mathematics and arts inline with the quote. It seems to propose that mathematics shares similar artistic properties with the arts (with examples such as paintings and poetry). You may have heard of the saying that Mathematics is a beautiful language or something to that effect. There have been discussions on the internet that beyond high school mathematics, mathematics can develop into quite a creative and artistic discipline. Mathematics has been used to creatively construct art! One obvious example (thus one that you probably shouldn't use in your essay) is fractals :

tok essay topic 1

You can read more about the mathematical patterns behind fractals, but it is one artistic representation of mathematics.

While this prompt seems quite abstract at first, it does raise a good question about the intentions of producing knowledge in each AOK. Is it the purpose of the Arts to 'look pretty' and make us go "WOW that's so beautiful"? Conversely, is mathematics meant to be function first, form second or vice versa?

There are plenty of examples where art isn't meant to be pretty. There is a famous photograph of the chaos and brutality of the Vietnam war that is pretty infamous (do a quick google search!). Even if it isn't beautiful in the traditional sense, can it be considered beautiful in another perspective, especially considering the intention of why this was produced and what knowledge this produced? Similarly, mathematics tends to have the association that it is practical to real life and helps us solve some problems. Does mathematics have value if mathematical knowledge is produced without an immediate benefit or application? This is the world that pure mathematicians live in. While applied mathematicians can directly show their relevance and practicality of produced knowledge, it might not always be 'beautiful' in the artistic sense, but it can be 'beautiful' in its ability to capture the complex world. At the same time, if mathematics is purely beautiful in a satisfying sense (think when you factorise a quadratic and how it simplifies down to something solvable), but with no immediate practicality, is it still worth producing?

The key to this prompt is not to dispute the notion of the given quote. Yes, I know it's probably not the best quote, but think about the variations of how you can interpret the quote, rather than being either for or against the quote.

This title might be very appealing to students. I'm sure we have all experienced the importance of good scientific communication from trusted experts during the pandemic. We based our behaviour on them. When they told us to stay home, we (mostly) did, and we followed advice to get vaccinated, etc. At the other end of the spectrum, there are some that are completely ignorant of expert advice, calling this pandemic a hoax, and the vaccine a conspiracy. While there is common consensus that this ignorance is very dangerous, this prompt is quite interesting in prompting us to think about whether we should be trusting these experts completely, especially when the stakes are so high!

Experts often get things wrong, and when they do, we hope they will admit it readily even if it hurts their credibility. Credibility is key for us to accept expert advice. So this raises an important point - what makes an expert? Is it truly a person with the most knowledge about a topic or who is PERCEIVED to be so? Ideally, experts fit both of those criteria, but sometimes it is one or the other. At the same time, are experts immune from bias and other common human failures? NO! Then again, even if they have their failings, we can think about what is our level of tolerance for expert opinions and 'going at it alone' by not trusting them at all.

The prescribed AOK of human sciences is quite interesting. As you know, we are some complex people. Economists are either praised or blasted for their predictions about the economy all the time! Do you listen to economists about their market predictions? There is a joke that there will always be an economist somewhere in the world saying a recession is imminent no matter how the actual economy is doing. Can we really capture something as complex as humanity and let some experts give us advice that we trust to be 100%, unfailingly true? That doesn't seem to be wise. At the same time, it also doesn't seem wise that when 99% of economists warn us that inflation is getting out of hand for us to do nothing about it. So is it a numbers game? As more 'experts' say the same thing, and corroborate each other, we have a confidence to trust them unquestionably?

Ultimately, the conclusion seems pretty clear from the get go for this prompt. It is almost always unwise to just trust something or someone 100% and also unwise to go to the other extreme. While we can be tempted to do so, it is important we maintain a critical lens. If you are tackling this title, focus on the nuance between these two extremes presented, and show that both share common flaws in their approach to how knowledge is considered and acquired.

This prompt starts with the assumption that knowledge is produced according to the values of the producers. To what extent this is a problem is the issue here at hand here. First think of how knowledge is influenced by values. There was once a time when slavery was considered acceptable, and if you look all literary works around that time, it wouldn't be unusual to see examples of such and the use of what we now consider inappropriate language when referring to African-Americans, for example. Social values do change over time, examples including gay marriage, sexualisation and nudity of the body, dealing with minorities and racism, and even climate change. In some AOKs, this may be more apparent (i.e. History and the Arts) but what of something like mathematics? Can societal values influence them too?

When discussing whether this is problematic, other than considering the extent that values influence knowledge, also consider the implications this has on the perspectives of knowledge that are made available. Who determines these values is also of contention. This brings to mind propaganda and the various ways the 'values' of some power behind knowledge creation can greatly distort the knowledge that is produced. You may have some ideas on the problems that arise when we bring our values into the knowledge we produce, but to some extent this is inevitable. After all, the knowledge we produce simply reflects what we are interested in learning about, and willing to discover more of. The question is, how does each AOK handle changing values over time?

Every AOK has a different way of handling changing values. Long ago, we believed that we were the centre of the earth. How did the Natural Sciences overcome this long held belief? Conversely, how do we ensure that history remains accurate and isolated from the potential bias that could be introduced due to the values of the people that first wrote it? In History, revisionism describes the process of how we reevaluate history consistently to ensure that we always have the most accurate depiction of the past according to our current lens. There will be a time when our lens becomes outdated in the future, so what is the role of the Historian? Remember, knowledge is rarely ever fixed or 'done'. There is always more to know and more to discover, so how WE view knowledge in the past, and how someone in the future views the knowledge we make now will have large implications on the approach we take when producing knowledge. How can you ensure that someone interpreting knowledge in the future won't misconstrue what we are trying to say now? Could having differing interpretations according to different values be a benefit?

For some AOKs, the issue of values isn't that prominent. Why is that the case? It is good to explore in this title, the reasoning behind why values often influence the knowledge we produce, how we decide to mitigate or deal with this reality and how these approaches to do so differ between AOKs according to the nature that the knowledge is initially produced and then now consumed.

Is it always the case that "the world isn't just the way it is, it is how we understand it - and in understanding something, we bring something to it" (adapted from Life of Pi by Yann Martel)? Discuss with reference to history and the natural sciences.

In some less convoluted English, this prompt essentially asks whether we colour the knowledge we acquire and bring our own perspectives and interpretation to knowledge. If you think this is quite abstract, think about this example: you have likely done a book report before. It will almost always ask you what you thought of the book and people will have different thoughts. This demonstrates the essence of this title! We all have our own thoughts and ideas about the knowledge we acquire. When we learn new things, we might put our own spin to it, and try and explain it to ourselves and our friends in our own unique way. So, it is likely that there are some cases where this idea of us bringing our own ideas into the knowledge we acquire is valid, but there maybe other times that this doesn't happen. As with most things in TOK, there is a spectrum of the extent in which we 'bring something' to the things we learn.

Some AOKs actively encourage this sort of self-inquisition. While artists probably created their art to have a specific meaning, you are often encouraged to come up with your own interpretation of the art, as it may mean something very personal to you according to your background and life experiences. No one person would interpret a work the same way as you, and that is how the AOK of Art intends it. So clearly, some AOKs encourage this sort of interpretation, why might they do so? On the other hand, some AOKs require some very exact and objective interpretation of evidence and knowledge, so it might be that this sort of malleability when we acquire it is undesired. What issues do you foresee might arise when we bring our own interpretation to knowledge acquired? How each AOK deals with the idea of bring our own perspectives into acquired knowledge speaks a lot about its intention and purpose.

The prompt also asks us to consider whether we are really getting the knowledge of the 'true world as it is' or just the way we perceive the world. This is most prominent in the natural sciences where we try to observe the natural world by attempting to minimise our effects on it. We are effective at doing so to various extents, but can we ever really observe something as they are? Similarly, and perhaps even more difficult for the Human Sciences, how can you observe a human being's behaviour knowing that they are being watched, or that they are participating in an experiment? Does this invalidate any findings within the human sciences because we know we might be involved in it? In most cases, knowledge is generated from the lens of humanity - individuals like us! And for the most part, it is consumed by individuals like us as well. Can we ever have knowledge that is independent of humanity so that we are really watching the world as it is, rather than having our own input on it?

Big data and data science is a hot field right now because of exactly this problem - we have too much data and we don't really know how to handle it! You might have experienced this personally during your studies in the IB. Out of a 500 page textbook, what will you choose to learn? You likely won't know every exact detail within that textbook for your exams, but you will understand the key points as it pertains to the syllabus and the key techniques that you need to answer exam problems. In a similar way, people select knowledge they wish to acquire all the time. With the advent of search engines and wikipedias, there are limitless amounts of knowledge to be known, but only so much that we want to know. So it makes sense to ask ourselves, what criteria do we use to select what information we choose to get, what knowledge to acquire? That is the essence of the title.

When we choose some knowledge and leave out others, does this create any risk? What if we were missing out on some important perspectives? We must all have experienced a familiar feeling of thinking we are prepared for an exam, but it turns out that we missed a crucial part of the topic and subsequently bombed the exam. Now imagine this effect magnified to more important applications - in the medical context, how can medical professionals make the most informed decision for their patients? It is not like they can consider all possible available scenarios and knowledge about their condition! Again, it goes to what we consider to be important for us to acquire and so let's think deeply about why we learn some things over other things. Is it interest that is driving us? Practicality?

Finally, one last thing to consider for this topic is what is the point of having more knowledge if most are going to be selected away?

So hopefully these explanations have helped you in deconstructing what initially might appear to be some intimidating prompts! Before you write your essay, make sure you plan it out and select good examples to back up your points. Check out some 10/10 TOK essay examples and identify their strengths will help a lot as well!

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November 2024 TOK Essay Prescribed Titles with Examples and Detailed Explanation

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TOK 101: Areas of Knowledge Explained

May 2023 TOK Essay Prompts + SAMPLES and Suggestions

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Every year, students anxiously wait for the IB to announce the TOK essay topics. So this year is not an exception; IBO has also announced 2023 May titles for IB TOK essay. The TOK essay can be quite a challenging one to write for most students. Therefore it’s extremely important to select a TOK essay topic that suits you better.

UPD! November 2023 TOK essay prompts released!

Most students struggle with the idea of writing a TOK essay since it can indeed be very tough owing to its different structure. Most students plan for days on end so that they can see just the proper structure in mind, with suitable examples so that they can give their best to what they are doing.

Btw… ⏩ We can write a ToK essay for you ⏪

To be able to score well, you need to plan accordingly. The idea is to make sure to do a great job and that can only happen when you know what exactly is expected of you and how you get through that. To better understand the TOK essay and have ample considerations, here is the list of TOK essay titles for May 2023 explained by professional IB writers.

You can get a few ideas from here about how you’re supposed to work on these. With these ideas, you are sure to do a sound job with your TOK essay . Furthermore, you will find links for 2 different May 2023 TOK essay samples that were written by our IB experts. Feel free to use them for inspiration.

TOK essay titles and questions for May 2023

Below you will find an updated list of TOK essay prompts for the May 2023. We have also added some suggestions from our expert TOK essay writers for your ease. Enjoy reading 😉

Is replicability necessary in the production of knowledge? Discuss with reference to two areas of knowledge.

In this essay, it is important to focus on the world’s replicability. Next, the distinction between necessary and sufficient requirements need to be made. After that, the focus should be on how objectivity is related to replicability. You can give examples of several experiments that have been done and whether or not they have been replicated.

In line with your thought process, you can further work towards explaining that in further detail and making your point much clearer this way. Based on the examples you give, you can also talk about the different ways of knowing, which can help you explain this in a much better way, in line with the requirements of IB.

For artists and natural scientists, which is more important: what can be explained or what cannot be explained? Discuss with reference to the arts and the natural sciences.

With this title, you can see that there are two areas of knowledge already given. This means that you don’t have a free hand to choose topics yourself. You essentially have to differentiate between what can be explained and what cannot. Some things are easier to explain, whereas others aren’t. Using examples from art and natural sciences, you can offer your explanation here.

The examples you choose need to be as such that it makes it much easier for you to make that distinction. Once you do that, select your ways of knowing as well so that you can comply with the IB requirements .

Does it matter if our acquisition of knowledge happens in “bubbles” where some information and voices are excluded? Discuss with reference to two areas of knowledge.

In this essay, the main focus is on bubbles. The idea is to explore what bubbles mean in this context. We can see that “bubbles” here refers to knowledge that is subjective in all ways. The idea is to explore whether or not knowledge can be subjective in all ways or whether it can be objective as well. This is important to understand in all contexts first. Subjective and objective knowledge can be explored using different areas of knowledge.

However, the areas of knowledge should be selected based on the fact that it should be very easy to make that switch and understand how these two differ in context. Additionally, you can also shed light on what is required to share another person’s perspective on the situation. It is only once you know you can make that distinction as clear as ever.

Do you agree that it is “astonishing that so little knowledge can give us so much power” (Bertrand Russell)? Discuss with reference to the natural sciences and one other area of knowledge.

In this essay, the main focus has to be on this quote given. The idea is to see how knowledge can give us power. We have always heard how knowledge can make us powerful. Here, the idea is to see how that can happen using several different examples.

One area of knowledge is already given. The other area of knowledge is up to your choice. So based on that, you need to choose examples that will help you understand this better. You can talk about how these two areas of knowledge have allowed us to make the most of our lives, which is how we have become so powerful.

Below you will find a May 2023 TOK essay sample completed by our IB experts at WritingMetier.com

TOK essay example - APA - Do you agree that it is “astonishing that so little knowledge can give us so much power” (Bertrand Russell)

Are visual representations always helpful in the communication of knowledge? Discuss with reference to the human sciences and mathematics.

Here, the main focus needs to be on visual representation and how they represent the truth in most situations. The idea is to see what these visual representations are and how they allow for the communication of knowledge to happen in the best way possible. You also have to make the distinction between practical and theoretical knowledge here.

As you can see, two areas of knowledge are already given here: human sciences and mathematics. So you have to make use of these only and use relevant examples to explain this.

To what extent is the knowledge we produce determined by the methodologies we use? Discuss with reference to history and one other area of knowledge.

The main keyword here that you need to focus on is methodologies. You have to speak about what methodologies are and how they allow you to understand things in the best possible way. You need to use history as one area of knowledge, and you can choose the other area of knowledge yourself.

The idea is to help you understand this in the best way possible so that you can make a clear point about how the methodologies employed helped you get to this conclusion.

And again, sharing an example of an APA format IB TOK essay on title #6 that can be used as a guide. Yes, it’s also written by one of our expert IB TOK writers, and if you want, you can get assistance from these writers no matter the urgency of your task.

TOK essay SAMPLE - To what extent is the knowledge we produce determined by the methodologies we use?

If you might have missed some of the previous TOK essay titles with samples or topics for previous years, below I’m sharing the links.

The year 2022:

  • November 2022 TOK essay prompts
  • May 2022 ToK essay titles

Previous years’ prompts:

  • November 2021 ToK Essay titles
  • May 2021 Theory of Knowledge essay prompts

Choose IB TOK essay topic wisely, my friend 😉

With these suggestions and explanations for each May 2023 TOK essay topic, you can write a good TOK essay!  If you are facing tough deadlines and want someone to lend you a hand – WritingMetier.com is here to help.

You can always buy a custom TOK essay that will be written under your instructions and following one of the May 2023 prompts. Not forgetting about the latest changes in the IB criteria.

We can guarantee this because we have been in the IB writing services business for 4+ years now and have already completed hundreds of different IB papers. Order your essay now and get a 5% discount.

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Vasyl Kafidoff is a co-founder and CEO at WritingMetier. He is interested in education and how modern technology makes it more accessible. He wants to bring awareness about new learning possibilities as an educational specialist. When Vasy is not working, he’s found behind a drum kit.

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How to Choose the Right Topic for Your TOK Essay Presentation

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by  Antony W

December 12, 2021

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Writing TOK essays or preparing for the presentation is not a fun process, but we can help make it better by showing you how to choose the most suitable TOK topics for the assignment.

In general, theory of knowledge in IB is one of the key pillars through which students learn critical thinking, open-mindedness, and how to explore the world and themselves. These noble goals are achieved in a two-part assessment consisting of an essay and presentation.

Choosing the right topics for your theory of knowledge presentation is the foundation of passing the IB TOK part of the assessment.

Help for Assessment IB experts have composed this useful step by step guide to help you choose the best topic for your IB TOK, but we also do more than that. If you need a reliable, expert, and experienced TOK specialist to write your essay for you, then you can simply skip the tedium of explanations ahead and order our TOK essay writing service .

Of course, that doesn’t mean you can’t do it yourself if you put in the many hours of work and refinement required. Let’s get started on how to choose the most relevant topics for your theory of knowledge essay and/or presentation.

How to Choose a TOK Essay Topic

Each year, IB provides a list of 6 topics called prescribed titles, or PTs, from which candidates have to choose one to base their essay. The prescribed title should be used as-is, with no changes in wording or format.

Prescribed titles cover various topics and are multi-disciplinary. They are quite general and open-ended, as befits a good title. When you first read the six titles, you will notice that they sound abstract. That is a result of generalization, so you need to make them more real and transform them into something people can understand.

These steps will help you choose good TOK topics for your essay and presentation.

  • Write all the six titles on a blank page, leaving plenty of space between them.
  • Read the titles individually, and think about each of them for a few minutes. Underline the keywords in the title, note down any inspirations you have, and identify at least two perspectives or viewpoints that you can use.
  • Check for personal affiliation. One thing you will need is real life situation, which comes easier if you can associate the title to something, which happened/happens to you. For example, for 2019's November TOK 3rd title " do good explanations have to be true ?", one student drew parallels to how he solves math problems and counter-checks with answers at the back of the book.
  • Choose a title that you understand well or one for which you can easily acquire background knowledge. You can do this by picking a title whose areas of knowledge and ways of knowing interact with what you are currently studying.

These are simple guidelines designed to help you pick the right TOK essay titles. They are only meant to help the student with the process rather than being cut-and-dry rules.

With that, it's time to have a peek at the prescribed titles for the May 2020 and November 2019 TOK essays.

TOK Prescribed Titles November 2019

tok prescribed titles 2019

IB Prescribed Titles May 2020

IB Prescribed Titles May 2020

The student must thoroughly understand the prescribed topic and break it down into parts that are easier to digest. This is called unpacking the prescribed title.

How to Unpack TOK Essay Title in 9 Steps

Step 1  

Underline the terms that you’ll need to define or explain. You must never assume that the reader/person marking your essay knows what you mean, because definitions can be subjective. For example, in the title do explanations have to be true question, what is the definition of “explanation” and “true”?

Step 2  

List and note the assumptions made in the title, if any. For example, the assumptions are clear in this title given in the November 2019 session.

tok title assumption

Decide whether you will need to challenge the assumption made. In this case, you will not as the title commands you to assume it to be true.

Pick out any explicit requirements in the title and list them out. For example, in the following May 2020 title, can you pick out any explicit requirements?

assumption title issue

From preliminary investigation, we can see we will need to explore Picasso as a person and his art to understand not so much what he saw, but how. Then we will be able to make a case for or against his claim.

Step 4  

Underline or list the action words in the title. These are words that direct or command you to do something. Such action words include analyze, compare, explore, and many others.

Identify alternative angles and approaches to the title. You will already have a few ideas from when you were choosing the title. Each unique approach is a new opportunity to explore the title afresh.

Step 6  

Create and write down your thesis, clearly identifying your position in relation to the essay title. If you don’t know how to do this, explore our definitive guide on how to write a TOK essay .

Step 7  

With your perspective of choice, select the relevant AOKs and WOKs, which you will base your essay on.

Step 8  

Pick out claims and counterclaims, and write them down in general terms. At this point, you are essentially writing down an outline for your essay, which gives you the chance to back off a particular title if it doesn't provide enough reference material.

Step 9  

Finally, come up with germane examples you will use. They must have a strong correlation to the title with clear links. The best places to draw them would be your coursework, global events, or personal experiences.

That is how you select and deconstruct IB TOK essay titles. However, that is only 67% of the work. You will also have to come up with a TOK presentation.

The fact that you also have to tie a chosen topic with real-life situations as well as AOKs and WOKs is not fun at all, at least for most non-nerdy students.

How to Choose TOK Presentation Topics, With Examples

The TOK presentation does not give you the luxury of having 6 titles to choose. Without some inspiration, you will be flying blind. Here is what you can do to make sure you come up with the perfect TOK topics.

The topic has to be something you are interested in or passionate about. Remember, you will be presenting it for at least 10 minutes to a room packed with people, so you had better have enough motivation. You need to be knowledgeable, confident, and autonomous with it.

Make it a topic that you can relate to some part of your life. This will give you plenty of real-life situations (RLS) with which to support it. At the very least, make sure to have a wealth of global events or historical evidence to run with.

The topic should be presented as a question that is not easily answered with a Yes/No statement. In other words, the goal is not to find answers but to evoke more questions before you can get the answer. They usually start with "to what extent …" and invoke one or more WOK or AOK.

The topic should be a debatable one. That means it should have at least two compelling arguments or facets, and will naturally raise questions about the knowledge question you will be exploring.

It also has to be specific and concise. You will only have 10 minutes to present your case, and a wide-angled approach will not give you enough time to conclude or explore in-depth. Your theory of knowledge presentation topic needs to be relevant. Ultimately, it needs to be applicable to a wide range of situations in real life within the same context.

Examples of Topics for IB TOK Presentation

To help you understand what is meant by these steps, here are 10 examples with relevant RLS. They are given here as inspiration, not to be copied word-for-word. If you do that, you won't have the required organic thinking required to defend your presentation.

  • To what extent does emotion play a part in buying products online? RLS: Purchase of overpriced designer clothes that have no corresponding practical value.
  • To what extent does social hierarchy affect interpersonal relations and how we treat others? RLS: How older kids, prefects, team captains, and class monitors bully those perceived to be lesser than them.
  • How much information is needed to make a theory credible? RLS: The various conspiracy theories about 5G, the Coronavirus, aliens, etc.
  • What role do celebrity persons play in influencing culture, fashion, and morality? RLS: Teenagers who take drugs because their favorite rap artists do.
  • To what extent can mathematics be trusted as a credible source of actionable knowledge? RLS: The math-based models and predictions used to map and predict the spread of the Coronavirus, and their results.
  • To what extent does language shape the mental acuity of children? RLS: Intelligence of native tribes compared to supposedly “civilized” invaders in the past two centuries in America.
  • The cost of knowing: to what extent does exploring one part of knowledge blind us from the rest, which is not necessarily insignificant? RLS: Religious leaders refuse to acknowledge scientific proof about the effects and spread of the Coronavirus because of their faith.
  • Ethically speaking, what effect has the legalization of marijuana in various states had in society? RLS: increase in the use of hard drugs for which marijuana is a gateway drug in teens and young adults.
  • To what extent does social media infringe on privacy and personal safety? RLS: Zuckerberg’s admission to Congress that Facebook infringes on privacy on the grounds that “people want to share information so long as they can control how it spreads.”
  • To what extent should freedom be allowed to undisciplined individuals if overall good for the society is to be maintained? RLS: Guns and gun safety in the US in relation to the concept of freedom embedded in the US constitution, as compared to dictatorial governments such as China or Korea.

Help With TOK Titles and Essays

Having chosen the right TOK topic is only the beginning of a long and intensive process. It is meant to be highly rewarding and revealing to the student, but in the end, it's the marks you get that matter.

The net effect of that in education is a topic you can discuss in your presentation. In the meantime, let Help for Assessment get you top marks in your TOK essay.

Our IB TOK experts are highly experienced in both the essay and presentation sections of the IBDP assessments.

If you need help with writing your IB essay, order the TOK writing service now and get huge discounts of up to 25% on your first order. As always, you can trust us to deliver top quality, reliability, and 100% unique and well-researched work.

About the author 

Antony W is a professional writer and coach at Help for Assessment. He spends countless hours every day researching and writing great content filled with expert advice on how to write engaging essays, research papers, and assignments.

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Custom TOK essays, exhibitions, scripts, presentations, PPDs

may 2024 tok essay titles

May 2024 TOK Essay Titles With Short Descriptions and Writing Tips

Theory of Knowledge essays are a big deal in the modern IB program . In my long tenure as an IB writer, I’ve seen countless students stumble, excel, and everything in between regarding these papers. A big part of your success revolves around choosing the correct essay title. Equally important is understanding how to write it. That’s why it’s my pleasure to share my expertise to help you master your May 2024 TOK essay titles, also known as TOK essay prompts.

This is what I’m going to cover in this read.

6. Are We Too Quick to Assume That the Most Recent Evidence Is Inevitably the Strongest?

May 2024 tok essay titles.

  • Is Subjectivity Overly Celebrated in the Arts but Unfairly Condemned in History?
  • How Can We Reconcile the Opposing Demands for Specialization and Generalization in the Production of Knowledge?
  • Nothing Is More Exciting than Fresh Ideas, So Why Are Areas of Knowledge Often So Slow to Adopt Them?
  • Do We Underestimate the Challenges of Taking Knowledge out of Its Original Context and Transferring It to Different Context?
  • Do We Need Custodians of Knowledge?
  • Are We Too Quick to Assume That the Most Recent Evidence Is Inevitably the Strongest?

In the next sections, I’ll cover each TOK essay title for May 2024 in detail.

Understanding the TOK Essay Format

In my opinion, knowing the basic building blocks of a TOK essay is the first step toward writing a masterpiece. Let’s highlight a couple of crucial points right away:

  • Specifically, you should be familiar with Areas of Knowledge (AOKs), Ways of Knowing (WOKs), and Real-Life Situations (RLSs). According to general IB criteria, these elements form the backbone of your TOK essay, providing a scaffold upon which to build your arguments and examples.
  • A well-planned work is a well-executed essay. So, don’t procrastinate! Sketch out your thoughts, engage in research, and refine your thesis. Organization is critical, and a roadmap can save you time and stress later.

Now that we’ve laid the groundwork let’s focus on the six thought-provoking TOK essay titles for May 2024. By the way, in our blog, you can find many helpful articles. We recommend you read a guide from the IB tutor on how to get an A on your TOK essay .

2024 May TOK Essay Prompts: Detailed Analysis

Along the way, I’ll toss in some valuable nuggets of wisdom by pointing out possible areas of knowledge and ways of knowing that could be your golden ticket. Last but not least, I’ll sprinkle in some real-life examples to get your inspiration going. Are you ready? Let’s get started with TOK essay titles set for May 2024!

1. Is Subjectivity Overly Celebrated in the Arts but Unfairly Condemned in History?

Discuss with reference to the Arts and History.

Here are some AOKs to consider:

  • Arts . Visual arts, music, dance, literature.
  • History . Political History, Social History, and Cultural History.

Now, let’s move to the possible WOKs for your work:

  • Emotion . It is mainly applicable to the Arts where emotional resonance is critical.
  • Reason . It is crucial for interpreting historical events and forming judgments.
  • Language . The medium through which both arts and History are often communicated.

And, of course, you should use RLSs in your work. Here are a couple of good examples:

  • A controversial artwork like Banksy’s graffiti art elicits varied emotional responses.
  • Events such as the Vietnam War or the Civil Rights Movement are often viewed differently depending on one’s perspective.

Start by defining what subjectivity means in both fields. Is it a blessing in Art but a curse in History? Discuss this in your first paragraph. Then, look at how emotional responses are allowed and celebrated in the Arts. Next, transition smoothly into how Reason is the linchpin in History and how subjectivity can lead to factual inaccuracies. Finally, wrap up by tying these contrasting perspectives back to your thesis.

2. How Can We Reconcile the Opposing Demands for Specialization and Generalization in the Production of Knowledge?

Discuss with reference to Mathematics and one other area of knowledge.

You can use these AOKs for your work:

  • Mathematics . A field often associated with specialization.
  • Natural Sciences . It is a broad area that offers opportunities for both specialization and generalization.

Also, consider these possible WOKs:

  • Reason . Critical for problem-solving in mathematics.
  • Empirical Evidence . Key in the natural sciences for validating theories.
  • Intuition . It is often valuable for both mathematics and natural sciences for initial hypothesis formation.

Possible RLSs:

  • The development of string theory as a specialized branch of Physics that relies heavily on advanced Mathematics.
  • Climate change research requires a broad understanding of multiple scientific disciplines.

As for writing, start by explaining the tension between specialization and generalization in knowledge production. Then, begin with Mathematics, usually considered a highly specialized field. Move on to the natural sciences and finally reconcile these seemingly opposing approaches. Finally, revisit your thesis and offer a synthesis.

You can write a great piece of work with this title. To avoid common mistakes, read our article about why IB students fail TOK essays .

3. Nothing Is More Exciting than Fresh Ideas, So Why Are Areas of Knowledge Often So Slow to Adopt Them?

Discuss with reference to the Human Sciences and one other area of knowledge.

Here are two possible areas of knowledge to use:

  • Human Sciences . Psychology, Sociology, Economics.
  • Natural Sciences . Biology, Physics, Chemistry.

You can also include these WOKs in your essay:

  • Empirical Evidence . Vital for validation in both Human and Natural Sciences.
  • Memory . Important for tracking past theories and knowledge in Human Sciences.
  • Reason . It is used in Natural Sciences to construct theoretical frameworks.

Consider these RLSs for the TOK essay:

  • The gradual acceptance of behavioral economics, which blends psychology and economics.
  • The slow adoption of Quantum Mechanics in the early 20th century despite its groundbreaking propositions.

Start with the Human Sciences, focusing on Psychology or Sociology. Your central WOK could be Memory, reflecting on how past theories often influence current thinking. Switch to the Natural Sciences and use Reason as your primary WOK. Try to reconcile why these two fields adapt slowly despite the lure of fresh ideas. Summarize by reiterating how the cautious nature of scientific fields, whether human or natural, often serves as a double-edged sword.

May 2024 TOK Essay Titles

4. Do We Underestimate the Challenges of Taking Knowledge out of Its Original Context and Transferring It to a Different Context?

Discuss with reference to two areas of knowledge.

Possible AOKs for your paper:

  • Ethics . Moral theories are often developed in specific cultural or philosophical contexts.
  • Natural Sciences . Scientific principles and their applicability in different environmental settings.

WOKs to use when working on this title:

  • Language . Essential for the articulation and interpretation of ethical theories.
  • Empirical Evidence . Necessary for testing the validity of scientific principles in new contexts.

Most relevant RLSs you can implement:

  • The application of Western ethical theories like Utilitarianism in non-Western societies.
  • The introduction of non-native species to control pests often leads to ecological imbalances.

Begin by articulating the complexity of transferring knowledge across contexts. Start with ethics as the first WOK. The primary WOK here would be language. Move on to Natural Sciences. Here, Empirical Evidence is your cornerstone WOK. Use the RLS of introducing non-native species to demonstrate the pitfalls of applying scientific knowledge without considering the environmental context.

5. Do We Need Custodians of Knowledge?

Some AOKs you can use:

  • Indigenous Knowledge Systems . Preservation of traditional practices and wisdom.
  • Natural Sciences . The role of experts in safeguarding scientific integrity.

Here are possible WOKs to consider:

  • Memory . Significant in retaining and transmitting Indigenous Knowledge.
  • Reason . Essential in ensuring the logical consistency of scientific claims.

Good RLSs for this prompt:

  • Elders serve as the repositories of traditional wisdom.
  • Peer review processes and academic journals act as gatekeepers.

Open by pondering the necessity of “guardians” who ensure the preservation and proper distribution of knowledge. Then, try to weave Indigenous Knowledge Systems and Natural Sciences together. Discuss the universal need for custodianship in preserving and disseminating knowledge. Regardless of the area, custodians offer a filter for quality and a reservoir for collective wisdom.

Discuss with reference to the natural sciences and one other area of knowledge.

Consider these AOKs for your TOK essay:

  • Natural Sciences . Ongoing research and its perceived superiority over older studies.
  • History . How findings, such as unearthed artifacts, can alter historical narratives.

Shifting gears to potential WOKs for your essay:

  • Empirical Evidence . Vital in the Natural Sciences for formulating and revising theories.
  • Memory and Records . Important in History for piecing together past events.

You can include these RLSs for your essay:

  • New studies on climate change often supplant older ones.
  • Recently uncovered documents or artifacts are changing our understanding of historical events.

Begin by questioning our inclination to view recent evidence as the strongest. Then, use Natural Sciences as your first AOK and Empirical Evidence as your primary WOK. Smoothly transition into History. Here, Memory and Records are your main WOKs. Aim to draw parallels between the two areas. Conclude by reiterating that while recent evidence has its place, it should not automatically be seen as the most reliable.

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To Sum It Up

Phew, we covered a lot, didn’t we? I hope you find these insights useful as you write your TOK essays. Remember, planning, critical thinking, and a dash of creativity are your best friends along the way.

In conclusion, your TOK essay doesn’t have to be a source of stress. With careful planning and understanding, it can be an intellectually rewarding experience. Anyway, if you want to get TOK essay assistance , you know where to go. 😉

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Liliana Duman

Liliana Duman has a strong background in teaching English language, having graduated from Hacettepe University’s English Language Teaching Department in 2008. With over two decades of experience in the field, she has a wealth of knowledge and expertise to share with her students. In addition to her bachelor’s degree, Liliana holds a master’s in Teaching Turkish as a Second Language and has previously worked at Başkent and Hacettepe University in Ankara. Currently, she is an EFL instructor at Sakarya University, teaching various skills, including methodology, speaking, reading, writing, and listening. In addition to her teaching, Liliana has also contributed to material development and testing efforts. As well as her work as a teacher, Liliana is an experienced private online ToK essay tutor, providing personal help for both IB ToK students and teachers in all aspects of IB ToK essays and exhibitions. She is dedicated to helping her students succeed and achieve their full potential. In her spare time, Liliana also writes articles for buytokessay.com, sharing her expertise and insights on ToK with a wider audience.

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tok essay topic 1

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What will you learn, testimonials, maximize your tok essay and exhibition grade with our expert certified teachers, dive into the realm of tok essays and tok exhibition, unlocking a gateway to diverse perspectives and profound wisdom., tok essay titles 2024, tok essay title 1 may 2024.

Is subjectivity overly celebrated in the arts but unfairly condemned in history? Discuss with reference to the arts and history.

TOK ESSAY TITLE 2 MAY 2024

How can we reconcile the opposing demands for specialization and generalization in the production of knowledge? Discuss with reference to mathematics and one other area of knowledge.

TOK ESSAY TITLE 3 MAY 2024

Nothing is more exciting than fresh ideas, so why are areas of knowledge often so slow to adopt them? Discuss with reference to the human sciences and one other area of knowledge.

TOK ESSAY TITLE 4 MAY 2024

Do we underestimate the challenges of taking knowledge out of its original context and transferring it to a different context? Discuss with reference to two areas of knowledge.

TOK ESSAY TITLE 5 MAY 2024

Do we need custodians of knowledge? Discuss with reference to two areas of knowledge.

TOK ESSAY TITLE 6 MAY 2024

Are we too quick to assume that the most recent evidence is inevitably the strongest? Discuss with reference to the natural sciences and one other area of knowledge.

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tok essay topic 1

TOK ESSAY & EXHIBITION

Essay topic breakdown.

Each year we breakdown the essay titles with Real life examples and arguments for student’s benefit.

Prompt Breakdown

For all TOK Exhibition prompts we have specific guidelines and aspects to explore.

TOK Concepts

The TOK concepts and vocabulary are very important to incorporate in your essay and exhibition documents.

WOK, AOK and Themes

The TOK assessments are deeply integrated around multiple components to produce an intricate document.

tok essay topic 1

Research and Analysis

You will learn how to conduct in-depth research and analyze complex knowledge claims, using evidence and examples from various areas of knowledge.

Essay Structure and Organization

You will learn to structure your essays in a coherent and organized manner, ensuring that your ideas flow logically and your arguments are presented effectively.

Integration of TOK Concepts

You will learn to integrate TOK concepts such as ways of knowing, areas of knowledge, and knowledge questions into your essays to deepen your analysis.

Creative Expression

You will explore creative ways to express your understanding of TOK through visual displays, performances.

Presentation Skills

You will develop presentation skills to effectively communicate your TOK ideas, engage your audience, and create a meaningful experience during your TOK exhibition.

Critical Reflection

You will engage in critical reflection on your own TOK journey, analyzing the process of creating and presenting your exhibition, and gaining insights into the nature and implications of knowledge.

Request a Callback?

Learn more from, frequently asked questions.

Theory of Knowledge (TOK) is an interdisciplinary course offered as part of the International Baccalaureate (IB) Diploma Programme. It delves into the nature of knowledge, how it is acquired, and the ways in which it is justified. TOK fosters critical thinking, reflection, and exploration of different ways of knowing and areas of knowledge.

TOK offers invaluable skills for intellectual and personal growth. It enhances critical thinking, nurtures an appreciation for diverse perspectives, and encourages curiosity. By engaging with TOK, students develop abilities that are highly beneficial for higher education, such as analyzing arguments, evaluating evidence, and constructing well-reasoned viewpoints.

TOK is assessed through an externally moderated essay and an oral presentation. The TOK essay requires students to critically analyze a prescribed title or develop a self-chosen title related to TOK. The oral presentation provides an opportunity for students to explore a real-life situation from a TOK perspective and engage in a thoughtful discussion.

TOK equips students with critical thinking skills that can be applied to everyday life. It enables individuals to navigate complex issues, evaluate sources of information, and make informed decisions. The skills and perspectives cultivated in TOK are highly transferable, benefiting students in university studies, career paths, and active engagement with the world.

Absolutely! TOK emphasizes the importance of effective communication in conveying ideas and arguments. It encourages students to express themselves clearly, develop coherent arguments, and support them with evidence. Through the oral presentation component and essay writing, TOK hones students’ communication skills, enabling them to articulate their thoughts with precision and clarity.

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TOK Essay Topic 4

4. The traditional TOK diagram indicates four ways of knowing. Propose the inclusion of a fifth way of knowing selected from intuition, memory or imagination, and explore the knowledge issues it may raise in two areas of knowledge.

Intuition, memory, imagination, knowledge issues, areas of knowledge

Knowledge Issue:

The topic assumes that intuition, memory or imagination could be regarded as ways of knowing.

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USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 1 of 70 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT TIKTOK INC., and BYTEDANCE LTD., V. ) Petitioners, No. 24-1113 MERRICK B. GARLAND, in his official capacity as Attorney General of the United States, (Page 1 of Total) Respondent. PETITION FOR REVIEW OF CONSTITUTIONALITY OF THE PROTECTING AMERICANS FROM FOREIGN ADVERSARY CONTROLLED APPLICATIONS ACT

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 2 of 70 2. That law 1. Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum for protected speech and expression used by 170 million Americans to create, share, and view videos over the Internet. For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide. the Protecting Americans From Foreign Adversary Controlled Applications Act (the "Act") is unconstitutional. Banning Tik Tok is so obviously unconstitutional, in fact, that even the Act's sponsors recognized that reality, and therefore have tried mightily to depict the law not as a ban at all, but merely a regulation of TikTok's ownership. According to its sponsors, the Act responds to TikTok's ultimate ownership by ByteDance Ltd., a company with Chinese subsidiaries whose employees support various Byte Dance businesses, including TikTok. They claim that the Act is not a ban because it offers Byte Dance a choice: divest TikTok's U.S. business or be shut down.1 ― - 1 References to "TikTok Inc." are to the specific U.S. corporate entity that is a Petitioner in this lawsuit and publishes the TikTok platform in the 1 (Page 2 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 3 of 70 3. But in reality, there is no choice. The "qualified divestiture" demanded by the Act to allow TikTok to continue operating in the United States is simply not possible: not commercially, not technologically, not legally. And certainly not on the 270-day timeline required by the Act. Petitioners have repeatedly explained this to the U.S. government, and sponsors of the Act were aware that divestment is not possible. There is no question: the Act will force a shutdown of TikTok by January 19, 2025, silencing the 170 million Americans who use the platform to communicate in ways that cannot be replicated elsewhere. 4. Of course, even if a "qualified divestiture" were feasible, the Act would still be an extraordinary and unconstitutional assertion of power. If upheld, it would allow the government to decide that a company may no longer own and publish the innovative and unique speech United States. References to "TikTok" are to the online platform, which includes both the Tik Tok mobile application and web browser experience. References to “ByteDance Ltd." are to the specific Cayman Islands- incorporated holding company that is identified in the Act and is a Petitioner in this lawsuit. References to "ByteDance" are to the ByteDance group, inclusive of ByteDance Ltd. and relevant operating subsidiaries. TikTok Inc. and ByteDance. Ltd. are together referred to as "Petitioners." (Page 3 of Total) 21

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 4 of 70 platform it created. If Congress can do this, it can circumvent the First. Amendment by invoking national security and ordering the publisher of any individual newspaper or website to sell to avoid being shut down. And for Tik Tok, any such divestiture would disconnect Americans from the rest of the global community on a platform devoted to shared content an outcome fundamentally at odds with the Constitution's commitment to both free speech and individual liberty. 5. There are good reasons why Congress has never before enacted a law like this. Consistent with the First Amendment's guarantee of freedom of expression, the United States has long championed a free and open Internet - and the Supreme Court has repeatedly recognized that speech "conveyed over the Internet” fully qualifies for “the First Amendment's protections." 303 Creative LLC v. Elenis, 600 U.S. 570, 587 (2023). And consistent with the fundamental principles of fairness and equal treatment rooted in the Bill of Attainder Clause and the Fifth Amendment, Congress has never before crafted a two-tiered speech regime with one set of rules for one named platform, and another set of rules for everyone else. (Page 4 of Total) 3

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 5 of 70 6. In dramatic contrast with past enactments that sought to regulate constitutionally protected activity, Congress enacted these extreme measures without a single legislative finding. The Act does not articulate any threat posed by Tik Tok nor explain why TikTok should be excluded from evaluation under the standards Congress concurrently imposed on every other platform. Even the statements by individual Members of Congress and a congressional committee report merely indicate concern about the hypothetical possibility that TikTok could be misused in the future, without citing specific evidence - even though the platform has operated prominently in the United States since it was first launched in 2017. Those speculative concerns fall far short of what is required when First Amendment rights are at stake. 7. Nor is there any indication that Congress considered any number of less restrictive alternatives, such as those that Petitioners developed with the Executive Branch after government agencies began evaluating the security of U.S. user data and the risk of foreign government influence over the platform's content as far back as 2019. While such concerns were never substantiated, Petitioners nevertheless (Page 5 of Total) 4

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 6 of 70 worked with the government for four years on a voluntary basis to develop a framework to address the government's concerns. 8. As part of this engagement, Petitioners have voluntarily invested more than $2 billion to build a system of technological and governance protections sometimes referred to as "Project Texas" - to help safeguard U.S. user data and the integrity of the U.S. TikTok platform against foreign government influence. Petitioners have also made extraordinary, additional commitments in a 90-page draft National Security Agreement developed through negotiations with the Committee on Foreign Investment in the United States ("CFIUS”), including agreeing to a “shut-down option” that would give the government the authority to suspend TikTok in the United States if Petitioners violate certain obligations under the agreement. 9. Congress tossed this tailored agreement aside, in favor of the politically expedient and punitive approach of targeting for disfavor one publisher and speaker (TikTok Inc.), one speech forum (TikTok), and that forum's ultimate owner (ByteDance Ltd.). Through the Act's two-tiered. structure, Congress consciously eschewed responsible industry-wide. regulation and betrayed its punitive and discriminatory purpose. 5 (Page 6 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 7 of 70 Congress provided every other company however serious a threat to - national security it might pose - paths to avoiding a ban, excluding only Tik Tok Inc. and ByteDance Ltd. Indeed, for any other company's application to be banned, Congress mandated notice and a "public report" describing "the specific national security" concern, accompanied by supporting classified evidence. For Petitioners only, however, there is no statement of reasons and no supporting evidence, with any discussion of the justifications for a ban occurring only behind closed doors. 10. Congress must abide by the dictates of the Constitution even when it claims to be protecting against national security risks: “against [those] dangers ... as against others, the principle of the right to free speech is always the same." Abrams v. United States, 250 U.S. 616, 628 (1919) (Holmes, J., dissenting). Congress failed to do so here, and the Act should be enjoined. 11. Jurisdictional Statement Pursuant to Sections 3(a) and 3(b) of the Act, H.R. 815, div. H, 118th Cong., Pub. L. No. 118-50 (April 24, 2024), this Court has original (Page 7 of Total) 6

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 8 of 70 and exclusive jurisdiction over this challenge to the constitutionality of the Act. 2 A. 12. Background and Nature of Proceedings TikTok Is a Speech Platform Used by 170 Million Americans. Tik Tok is an online video entertainment platform designed to provide a creative and entertaining forum for users to express themselves and make connections with others over the Internet. More than 170 million Americans use TikTok every month, to learn about and share information on a range of topics from entertainment, to religion, to - politics. Content creators use the TikTok platform to express their opinions, discuss their political views, support their preferred political candidates, and speak out on today's many pressing issues, all to a global audience of more than 1 billion users. Many creators also use the 2 A copy of the Act is attached to this Petition as Exhibit A. Because this Petition does not involve a challenge to any agency action, it is not governed by Federal Rule of Appellate Procedure 15(a). Petitioners intend to file a separate motion regarding the procedures governing this original proceeding. Petitioners summarize the pertinent facts and claims below to facilitate this Court's review consistent with the practice of a case-initiating pleading in a court of original jurisdiction, but reserve their rights to present additional facts and arguments in due course. 7 (Page 8 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 9 of 70 platform to post product reviews, business reviews, and travel information and reviews. 13. In the United States, the TikTok platform is provided by Tik Tok Inc., a California-incorporated company that has its principal place of business in Culver City, California and offices in New York, San Jose, Chicago, and Miami, among other locations. TikTok Inc. has thousands of employees in the United States. Like many platforms owned by companies that operate globally, the global TikTok platform is supported not only by those employees, but also by employees of other ByteDance subsidiaries around the globe, including in Singapore, the United Kingdom, Brazil, Germany, South Africa, Australia, and China. Many of the global TikTok platform's functions are spread across different corporate entities and countries, and the global TikTok business is led by a leadership team based in Singapore and the United States. Like other U.S. companies, TikTok Inc. is governed by U.S. law. 14. Tik Tok Inc.'s ultimate parent company is ByteDance Ltd., a Cayman Islands-incorporated equity holding company. Byte Dance was founded in 2012 by Chinese entrepreneurs. Over time, the company sought funding to fuel growth, as is common in the technology sector, 8 (Page 9 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 10 of 70 which resulted in the issuance of additional equity and the dilution of existing shares. Today, approximately 58 percent of ByteDance Ltd. is owned by global institutional investors (such as BlackRock, General Atlantic, and Susquehanna International Group), 21 percent is owned by the company's founder (a Chinese national who lives in Singapore), and 21 percent is owned by employees including approximately 7,000 Americans. 15. ByteDance launched TikTok in May 2017 in over 150 countries, including the United States.³ Since its launch, TikTok has become one of the world's most popular applications, with over 1 billion users worldwide. As of January 2024, more than 170 million Americans use TikTok on a monthly basis. 16. Users primarily view content on TikTok through its "For You" page, which presents a collection of videos curated by TikTok's proprietary recommendation engine. The recommendation engine customizes each user's content feed based on how the user interacts with 3 Tik Tok was later relaunched in August 2018 following a transaction involving the company Musical.ly. See generally Petition for Review, Tik Tok Inc. v. CFIUS, No. 20-1444 (D.C. Cir. Nov. 10, 2020). 9 (Page 10 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 11 of 70 the content that the user watches. TikTok's popularity is based in large part on the effectiveness of the recommendation engine. The source code for TikTok's recommendation engine was originally developed by ByteDance engineers based in China, and the engine is customized for operations in TikTok's various global markets, including in the United States. TikTok is not offered in mainland China. 17. Aside from TikTok, ByteDance has developed and operates more than a dozen other online platforms and software applications for use in U.S. and international markets, including for content-sharing, video and music editing, e-commerce, gaming, and enterprise productivity. B. 18. The Government Previously Made Unlawful Attempts to Ban TikTok. Petitioners' efforts to address the U.S. government's asserted concerns regarding the TikTok platform date back to 2019. At that time, Petitioners began engaging with CFIUS, which had initiated a review of ByteDance Ltd.'s 2017 acquisition of Musical.ly, another Internet-based video-sharing platform. (Page 11 of Total) 10

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 12 of 70 19. Petitioners were in the early stages of engaging with CFIUS on a voluntary basis to address the government's concerns, when on August 6, 2020, President Trump abruptly issued an executive order purporting to ban TikTok under the International Emergency Economic Powers Act ("IEEPA”), 50 U.S.C. §§ 1701-08. See 85 Fed. Reg. 48,637 (the "Ban Order"). Two separate district courts preliminarily enjoined the Ban Order, concluding (among other things) that it exceeded the President's IEEPA authority. TikTok Inc. v. Trump, 490 F. Supp. 3d 73, 83 (D.D.C. 2020); TikTok Inc. v. Trump, 507 F. Supp. 3d 92, 112 (D.D.C. 2020); Marland v. Trump, 498 F. Supp. 3d 624, 641 (E.D. Pa. 2020). 20. Specifically, as these courts correctly recognized, the President's IEEPA authority "to deal with any unusual and extraordinary threat" to the nation “does not include the authority to regulate or prohibit, directly or indirectly ... [any] personal communication” or the importation or exportation “of any information or informational materials.” 50 U.S.C. § 1702(b)(1), (3). These restrictions on the President's IEEPA authority-which Congress expanded through multiple amendments to the statute were designed “to prevent the statute from running afoul of the First Amendment.” United States v. 11 (Page 12 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 13 of 70 Amirnazmi, 645 F.3d 564, 585 (3d Cir. 2011) (quotation marks omitted); see also Kalantari v. NITV, Inc., 352 F.3d 1202, 1205 (9th Cir. 2003) (IEEPA's limitations necessary “to prevent the executive branch from restricting the international flow of materials protected by the First. Amendment"); Marland, 498 F. Supp. 3d at 629 (same). 21. Looking to the foundational First Amendment principles codified in IEEPA's text and legislative history, these courts concluded that President Trump's efforts to ban TikTok violated the statute and raised "serious" constitutional questions (which were unnecessary to decide under the doctrine of constitutional avoidance). Tik Tok Inc., 507 F. Supp. 3d at 112 n.6; TikTok Inc., 490 F. Supp. 3d at 83 n.3. The courts granted the government's motions to voluntarily dismiss its appeals after President Biden withdrew the Ban Order. See Tik Tok Inc. v. Biden, No. 20-5302, 2021 WL 3713550 (D.C. Cir. July 20, 2021); Tik Tok Inc. v. Biden, No. 20-5381, 2021 WL 3082803 (D.C. Cir. July 14, 2021); Marland v. Trump, No. 20-3322, 2021 WL 5346749 (3d Cir. July 14, 2021). 22. Separately, acting on a CFIUS referral, President Trump on August 14, 2020 issued an order under Section 721 of the Defense Production Act, 50 U.S.C. § 4565, purporting to direct ByteDance to 12 (Page 13 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 14 of 70 divest from TikTok's U.S. business and U.S. user data. 85 Fed. Reg. 51,297 (the "Divestment Order"). On November 10, 2020, Petitioners petitioned this Court for review of the Divestment Order and underlying CFIUS actions, arguing, among other things, that the government lacked jurisdiction under the statute. See Petition for Review, TikTok Inc. v. CFIUS, No. 20-1444 (D.C. Cir. Nov. 10, 2020). That petition was held in abeyance in February 2021 on the parties' joint motion to allow the parties to negotiate a resolution. The government has filed status reports every 60 days since then, most recently on April 22, 2024. Those status reports have consistently reported that “[t]he parties continue to be involved in ongoing negotiations” and “[a] beyance continues to be appropriate.” See, e.g., Status Report, Tik Tok Inc. v. CFIUS, No. 20-1444 (D.C. Cir. Apr. 22, 2024). 23. Between January 2021 and August 2022, Petitioners and CFIUS engaged in an intensive, fact-based process to develop a National Security Agreement that would resolve the U.S. government's concerns about whether Chinese authorities might be able to access U.S. user data or manipulate content on TikTok, as well as resolve the pending CFIUS During that time, Petitioners and government officials dispute. 13 (Page 14 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 15 of 70 communicated regularly, often several times a week - including several - in-person meetings about the government's concerns and potential solutions. The result was an approximately 90-page draft National Security Agreement with detailed annexes embodying a comprehensive solution addressing the government's national security concerns. Notably, the draft National Security Agreement provided that all protected U.S. user data (as defined in the agreement) would be stored in the cloud environment of a U.S.-government-approved partner, Oracle Corporation, which would also review and vet the TikTok source code. 24. From Petitioners' perspective, all indications were that they were nearing a final agreement. After August 2022, however, CFIUS without explanation stopped engaging with Petitioners in meaningful discussions about the National Security Agreement. Petitioners repeatedly asked why discussions had ended and how they might be restarted, but they did not receive a substantive response. In March 2023, without providing any justification for why the draft National Security Agreement was inadequate, CFIUS insisted that Byte Dance would be required to divest the U.S. TikTok business. (Page 15 of Total) 14

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 16 of 70 25. Since March 2023, Petitioners have explained to CFIUS, in multiple written communications and in-person meetings, that a divestiture of the U.S. TikTok business from the rest of the integrated global Tik Tok platform and business of the sort now required by the Act is not feasible. CFIUS has never articulated any basis for disagreeing with that assessment, offering instead only a conclusory assertion that the reason ByteDance was not divesting was because it was simply unwilling to do so. The Act nonetheless incorporates precisely such an infeasible divestiture standard. C. 26. A Divestiture that Severs TikTok's U.S. Operations From the Rest of the Globally Integrated TikTok Business Is Not Commercially, Technologically, or Legally Feasible. The Act purports to allow Petitioners to avoid a ban by executing a "qualified divestiture." Sec. 2(c). But that alternative is illusory because, as Petitioners have repeatedly explained to CFIUS, the divestiture of the TikTok U.S. business and its severance from the globally integrated platform of which it is an integral part is not commercially, technologically, or legally feasible. (Page 16 of Total) 15

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 17 of 70 - 27. First, a standalone U.S. TikTok platform would not be commercially viable. TikTok and its competitors are globally integrated platforms where content created in one country is available to users in other countries. Indeed, a substantial part of TikTok's appeal is the richness of the international content available on the platform from global sporting events like the Olympics to international K-pop stars from South Korea, as well as videos created by U.S. creators and enjoyed by audiences worldwide. A divestment of the U.S. TikTok platform, without any operational relationship with the remainder of the global platform, would preclude the interoperability necessary to make international content seamlessly available in the U.S. market and vice versa. As a result, the U.S. TikTok platform would become an “island” where Americans would have an experience detached from the rest of the global platform and its over 1 billion users. Such a limited pool of content, in turn, would dramatically undermine the value and viability of the U.S. TikTok business.4 4 The contemplated qualified divestiture would also undercut the important role currently played by American voices in the global conversation ongoing on TikTok. 16 (Page 17 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 18 of 70 28. Second, precipitously moving all TikTok source code development from ByteDance to a new Tik Tok owner would be impossible as a technological matter. The platform consists of millions of lines of software code that have been painstakingly developed by thousands of engineers over multiple years. Although much of this code is basic infrastructure for running the global TikTok platform and has nothing at all to do with TikTok's recommendation algorithm, the statute requires that all of this code be wrested from Petitioners, so that there is no “operational relationship" between ByteDance and the new U.S. platform. Specifically, to comply with the law's divestiture requirement, that code base would have to be moved to a large, alternative team of engineers a team that does not exist and would have no understanding of the complex code necessary to run the platform. It would take years for an entirely new set of engineers to gain sufficient familiarity with the source code to perform the ongoing, necessary maintenance and development activities for the platform. Moreover, to keep the platform functioning, these engineers would need access to ByteDance software tools, which the Act prohibits. Such a fundamental rearchitecting is not - (Page 18 of Total) 17

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 19 of 70 remotely feasible on anything approaching the 270-day timeframe contemplated by the Act. 29. Third, the Chinese government has made clear that it would not permit a divestment of the recommendation engine that is a key to the success of TikTok in the United States. Like the United States,5 China regulates the export of certain technologies originating there. China's export control rules cover “information processing technologies” such as "personal interactive data algorithms.”6 China's official news agency has reported that under these rules, any sale of recommendation algorithms developed by engineers employed by ByteDance subsidiaries in China, including for TikTok, would require a government license. 5 For example, the U.S. Department of Commerce has issued restrictions on the export to China of advanced chips that can be used to train artificial intelligence models. E.g., Implementation of Additional Export Controls: Certain Advanced Computing Items; Supercomputer and Semiconductor End Use; Updates and Corrections, 88 Fed. Reg. 73458 (Oct. 25, 2023) (to be codified at 15 C.F.R. § 732.2 et seq.). 6 See Karen M. Sutter, Cong. Rsch. Serv., IN11524, China Issues New Export Control Law and Related Policies 2 (2020). 7 Paul Mozur, Raymond Zhong & David McCabe, Tik Tok Deal Is Complicated by New Rules From China Over Tech Exports, N.Y. Times (Aug. 29, 2020), https://perma.cc/L6RB-CTT9. 18 (Page 19 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 20 of 70 China also enacted an additional export control law that "gives the Chinese government new policy tools and justifications to deny and impose terms on foreign commercial transactions."8 China adopted these enhanced export control restrictions between August and October 2020, shortly after President Trump's August 6, 2020 and August 14, 2020 executive orders targeting TikTok. By doing so, the Chinese government clearly signaled that it would assert its export control powers with respect to any attempt to sever TikTok's operations from ByteDance, and that any severance would leave TikTok without access to the recommendation engine that has created a unique style and community that cannot be replicated on any other platform today. D. 30. The Act Bans TikTok and Other Byte Dance Applications. On April 24, 2024, the President signed the Protecting Americans from Foreign Adversary Controlled Applications Act. 31. The Act prohibits, on pain of draconian penalties, “online mobile application store[s]" and "internet hosting services" from servicing "foreign adversary controlled application[s]" within the United States. 8 Sutter, supra n.6. 19 (Page 20 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 21 of 70 See Sec. 2(a), 2(d)(1)(A). This includes the "distribution, maintenance, or updating" of a covered application through an online marketplace. Sec. 2(a)(1). 32. Section 2(g) (3) creates two classes of "foreign adversary controlled applications" covered by the Act. 33. The first class singles out only one corporate group: "Byte Dance[] Ltd.,” “TikTok,” their “subsidiar[ies] or successor[s]" that are "controlled by a foreign adversary," or any entity "owned or controlled" by the aforementioned.9 The Act deems any application. operated by these entities a “foreign adversary controlled application," without any finding about why any particular application much less - - every application operated by these entities should be so designated. See Sec. 2(g)(3)(A). 9 “TikTok” is a platform, not a legal entity. Petitioners assume that Congress intended this provision to be a reference to TikTok Inc., and further reserve their rights to amend this Petition to include additional Tik Tok entities to the extent the government takes the position that other entities are covered by this reference. In any event, TikTok Inc. is covered as an entity “owned or controlled" by ByteDance Ltd. 20 (Page 21 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 22 of 70 34. The second class creates a discretionary process by which the President can designate other companies whose applications will also effectively be banned. Under these provisions, the President may designate an application as a "foreign adversary controlled application" if several qualifications are met: a. Covered Company. The website or application is operated directly or indirectly by a "covered company" - i.e., a company that operates a website or application that permits users to share content and has at least 1 million monthly active users. See Sec. 2(g)(2)(A). b. Controlled by a Foreign Adversary. The "covered company" operating the website or application must also be "controlled by a foreign adversary," meaning it is "headquartered in, has its principal place of business in, or is organized under the laws" of a "foreign adversary country," which currently includes China, North Korea, Russia, and Iran. Sec. 2(g)(1)(A), (g)(4); see also 10 U.S.C. § 4872(d)(2). A company may also be "controlled by a foreign adversary" if persons domiciled in any of the 21 (Page 22 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 23 of 70 (Page 23 of Total) specified countries (i.e., China, Iran, Russia, or North Korea) directly or indirectly own at least 20 percent of the company. Sec. 2(g)(1)(B). c. Not Exempt under Sec. 2(g)(2)(B). But Congress specifically exempted from the term “covered company" any "entity that operates" a website or application "whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews." An entity that operates a single website or application of this nature thus cannot be a “covered company,” even if it is "controlled by a foreign adversary," poses a significant national security risk, and separately operates an application whose primary purpose is anything other than allowing users to post reviews. Sec. 2(g)(2)(B). d. Presidential Determination, Notice and Report, and Judicial Review. Finally, the President must determine that such a company presents “a significant threat to the national security of the United States." Sec. 2(g)(3)(B)(ii). Before making such a determination, the President must 22

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 24 of 70 issue public notice proposing the determination and then provide a public report to Congress describing "the specific national security concern involved," supplemented by a classified annex, and also explain "what assets would need to be divested to execute a qualified divestiture." Id. These presidential determinations are then subject to judicial review. Sec. 3(a). 35. Section 2(c) exempts a "foreign adversary controlled application[]" from the Act's prohibitions if the company that operates the application executes a “qualified divestiture." Sec. 2(c). The President must determine that such divestiture would (1) "result in the relevant covered company no longer being controlled by a foreign adversary," and (2) “preclude[] the establishment or maintenance of any operational relationship" between the application's U.S. operations and any formerly affiliated entities that are controlled by a foreign adversary, including "any cooperation with respect to the operation of a content. recommendation algorithm." Sec. 2(c), (g) (6). As noted above, the Act's broad definition of "controlled by a foreign adversary" includes, among other things, any entity organized under the laws of a "foreign adversary 23 (Page 24 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 25 of 70 country," or any entity in which a foreign person domiciled in a foreign adversary country holds at least a 20 percent ownership stake. Sec. 2(g)(1), (3)(B)(i), (4). 36. The prohibition on providing Internet hosting and mobile application store services to TikTok and other ByteDance applications. takes effect 270 days after enactment. Sec. 2(a)(2)(A). The President may extend this deadline, but only for 90 days maximum, and only if the President certifies to Congress that a path to executing a qualified divestiture has been identified, evidence of significant progress toward executing that qualified divestiture has been produced, and the relevant binding legal agreements to enable execution of the qualified divestiture are in place. 37. "Before the date on which [this] prohibition" takes effect, Petitioners are required to provide, upon request by any U.S. user of any of their applications, “all the available data related to the account of such user with respect to such application." Sec. 2(b).10 10 Because Section 2(b)'s data portability requirement applies "[b]efore" the prohibition under Section 2(a) takes effect, it cannot be "given effect" without Section 2(a) for purposes of Section 2(e)(1) of the Act, which provides that "[i]f any provision of this section or the application of this 24 (Page 25 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 26 of 70 38. Because the Act lacks any legislative findings or a statement of purpose, Petitioners and the more than 170 million American monthly users of TikTok are left to scrutinize statements from individual Members of Congress and other sources to try to discern any purported justification for this extraordinary intrusion on free speech rights. Based on these sources, it appears at least some Members of Congress sought to address "two threats" that could emerge from foreign ownership of communications platforms. 11 39. First, they may have sought to protect U.S. users' “data security."12 According to the House Committee Report for an earlier version of the Act, mobile applications, including those that are not section to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this section that can be given effect without the invalid provision or application." Because Section 2(a) violates the Constitution for the reasons set forth herein, Section 2(b) is accordingly "not operative in the absence of the unconstitutional provision.” Barr v. Am. Ass'n of Pol. Consultants, Inc., 140 S. Ct. 2335, 2352 n.9 (2020). 11 Jane Coaston, What the Tik Tok Bill Is Really About, According to a Leading Republican, N.Y. Times (Apr. 1, 2024), https://perma.cc/BL32- 786X (quoting the Act's original sponsor, Rep. Mike Gallagher). 12 Id. (Page 26 of Total) 25

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 27 of 70 controlled by foreign adversaries, can “collect vast amounts of data on Americans."13 The House Committee Report expressed a concern that such data could be used by a foreign adversary to "conduct espionage campaigns," such as by tracking specific individuals. 14 40. Second, others in Congress appear to have been motivated by a "greater concern": an alleged "propaganda threat." 15 One proponent of the Act stated that communications applications could be used to "push misinformation, disinformation, and propaganda on the American public."16 Another supporter claimed in the House Select Committee press release accompanying the bill's introduction that “[TikTok] is ... poisoning the minds of our youth every day on a massive scale."17 13 H.R. Comm. on Energy & Com., Protecting Americans from Foreign Adversary Controlled Applications Act, H.R. Rep. No. 118-417 at 2 (2024) (hereinafter the "House Committee Report"). 14 Id. 15 Coaston, supra n.11 (quoting Rep. Gallagher). 16 House Committee Report at 2. 17 Press Release, U.S. House Select Comm. on Strategic Competition Between the U.S. and the Chinese Communist Party, Gallagher, Bipartisan Coalition Introduce Legislation to Protect Americans From Foreign Adversary Controlled Applications, Including TikTok (Mar. 5, 2024), https://perma.cc/KC5T-6AX3. (Page 27 of Total) 26

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 28 of 70 E. Congress Disregarded Alternatives to Banning TikTok, Such as the National Security Measures Petitioners Negotiated with the Executive Branch. 41. Petitioners have demonstrated a commitment to addressing both of those concerns without the need to resort to the drastic, unconstitutional step of shuttering one of the most widely used forums for speech in the United States. The 90-page draft National Security Agreement that Petitioners developed with Petitioners developed with CFIUS would, if implemented, provide U.S. TikTok users with protections more robust than those employed by any other widely used online platform in the industry. 42. The draft National Security Agreement contains several means of ensuring data security without banning TikTok. All protected U.S. user data (as defined in the National Security Agreement) would be safeguarded in the United States under a special corporate structure: TikTok U.S. Data Security (a new subsidiary of Tik Tok Inc.). A special board, with Security Directors whose appointment would be subject to the U.S. government's approval, would oversee TikTok U.S. Data Security, and in turn exclude ByteDance and all of its other subsidiaries and affiliates from such responsibilities. Further separation between the 27 (Page 28 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 29 of 70 U.S. TikTok business and Byte Dance subsidiaries and affiliates, including TikTok in the rest of the world, would be achieved by appointing a U.S.-government-approved Security Director to the board of Tik Tok Inc. Protected U.S. user data would be stored in the cloud environment of a U.S.-government-approved partner, Oracle Corporation, with access to such data managed by TikTok U.S. Data Security. 43. The draft Agreement would also protect against the concern about content manipulation and propaganda. Multiple layers of protection address concerns related to content available on the TikTok platform, including ensuring that all content moderation - both human and algorithmic ➖ would be subject to third-party verification and monitoring. The concern about content manipulation would also be addressed by securing all software code through Oracle Corporation, a U.S. trusted technology provider. The Tik Tok U.S. platform and application would be deployed through the Oracle cloud infrastructure and subject to source code review and vetting by Oracle with another U.S.-government-approved third party responsible for conducting security inspections. As part of this process, Oracle and third parties 28 (Page 29 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 30 of 70 approved by CFIUS would conduct independent inspections of the Tik Tok recommendation engine. 44. The draft Agreement also includes strict penalties for noncompliance, including a "shut-down option," giving the government the authority to suspend TikTok in the United States in response to specified acts of noncompliance. The Agreement also provides significant monetary penalties and other remedies for noncompliance. 45. Although the government has apparently abandoned the draft National Security Agreement, Petitioners have not. TikTok Inc. has begun the process of voluntarily implementing the National Security Agreement's provisions to the extent it can do so without the U.S. government's cooperation, including by incorporating and staffing the TikTok U.S. Data Security entity, and by partnering with Oracle Corporation on the migration of the U.S. platform and protected U.S. user data to Oracle's cloud environment. 46. To date, Petitioners have spent more than $2 billion to implement these measures and resolve the very concerns publicly expressed by congressional supporters of the Act all without the overbroad and unconstitutional method of an outright ban. 29 (Page 30 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 31 of 70 Grounds On Which Relief Is Sought Petitioners seek review of the constitutionality of the Act on grounds that include, without limitation, the following. Ground 1: Violation of the First Amendment 47. The First Amendment to the U.S. Constitution provides that "Congress shall make no law. . . abridging the freedom of speech." U.S. Const., amend. I. 48. By banning all online platforms and software applications offered by "TikTok" and all ByteDance subsidiaries, Congress has made a law curtailing massive amounts of protected speech. Unlike broadcast television and radio stations, which require government licenses to operate because they use the public airwaves, the government cannot, consistent with the First Amendment, dictate the ownership of newspapers, websites, online platforms, and other privately created. speech forums. 49. Indeed, in the past, Congress has recognized the importance of protecting First Amendment rights, even when regulating in the interest of national security. For example, Congress repeatedly amended IEEPA which grants the President broad authority to address national 30 (Page 31 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 32 of 70 emergencies that pose "unusual and extraordinary threat[s]" to the country to expand protections for constitutionally protected materials. 50 U.S.C. §§ 1701-02. Accordingly, under IEEPA, the President does not have the authority to even indirectly regulate "personal communication" or the importation or exportation "of any information or informational materials,” id. § 1702(b)(1), (3) limitations that are necessary "to prevent the statute from running afoul of the First Amendment," Amirnazmi, 645 F.3d at 585. Yet Congress has attempted to sidestep these statutory protections aimed at protecting Americans' constitutional rights, preferring instead to simply enact a new statute that tries to avoid the constitutional limitations on the government's existing statutory Those statutory protections were evidently seen as an impediment to Congress's goal of banning TikTok, so the Act dispensed authority. with them. 50. The Act's alternative to a ban a so-called “qualified - - divestiture" is illusory to the point of being no alternative at all. As explained above, divesting TikTok Inc.'s U.S. business and completely severing it from the globally integrated platform of which it is a part is not commercially, technologically, or legally feasible. 31 (Page 32 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 33 of 70 51. The Act will therefore have the effect of shutting down TikTok in the United States, a popular forum for free speech and expression used by over 170 million Americans each month. And the Act will do so based not on any proof of a compelling interest, but on speculative and analytically flawed concerns about data security and content manipulation concerns that, even if grounded in fact, could be - addressed through far less restrictive and more narrowly tailored means. 52. Petitioners' protected speech rights. The Act burdens Tik Tok Inc.'s First Amendment rights in addition to the free speech - rights of millions of people throughout the United States in two ways. - 53. First, Petitioner TikTok Inc. has a First Amendment interest in its editorial and publishing activities on TikTok. See Hurley v. Irish- Am. Gay, Lesbian & Bisexual Grp. of Bos., 515 U.S. 557, 570 (1995). TikTok “is more than a passive receptacle or conduit for news, comment, and advertising" of others; TikTok Inc.'s "choice of material" to recommend or forbid “constitute[s] the exercise of editorial control and judgment" that is protected by the First Amendment. Miami Herald Pub. Co. v. Tornillo, 418 U.S. 241, 258 (1974); see also Alario v. Knudsen, (Page 33 of Total) 32

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 34 of 70 - F. Supp. 3d, 2023 WL 8270811, at *6 (D. Mont. Nov. 30, 2023) (recognizing Tik Tok Inc.'s First Amendment editorial rights). 54. As the government itself has acknowledged, “[w]hen [social media] platforms decide which third-party content to present and how to present it, they engage in expressive activity protected by the First Amendment because they are creating expressive compilations of speech." Br. for United States as Amicus Curiae at 12-13, Moody v. NetChoice LLC, No. 22-277 (U.S.), 2023 WL 8600432; see also id. at 18- 19, 25-26. 55. Second, Tik Tok Inc. is among the speakers whose expression the Act prohibits. TikTok Inc. uses the TikTok platform to create and share its own content about issues and current events, including, for example, its support for small businesses, Earth Day, and literacy and education. 18 When TikTok Inc. does so, it is engaging in core speech protected by the First Amendment. See Sorrell v. IMS Health Inc., 564 18 Tik Tok (@tiktok), TikTok, https://www.tiktok.com/t/ZTL9QsTYs/ (last visited May 6, 2024); TikTok (@tiktok), TikTok, https://www.tiktok.com/t/ZTL9QbSHv/ (last visited May 6, 2024); TikTok (@tiktok), TikTok, https://www.tiktok.com/t/ZTL9QXE7R/ (last visited May 6, 2024). (Page 34 of Total) 33

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 35 of 70 U.S. 552, 570 (2011); NetChoice, LLC v. Att'y Gen., Fla., 34 F.4th 1196, 1210 (11th Cir. 2022), cert. granted, 144 S. Ct. 478 (2023). The Act precludes TikTok Inc. from expressing itself over that platform. 56. Even if the U.S. TikTok platform could be divested, which it cannot for the reasons explained above, TikTok Inc.'s protected speech rights would still be burdened. Because the Act appears to conclusively determine that any application operated by "TikTok" - a term that — Congress presumably meant to include Tik Tok Inc. is a foreign adversary controlled application, Sec. 2(g)(3)(A), the President appears to lack the power to determine that a TikTok Inc.-owned application is "no longer being controlled by a foreign adversary" and has no “operational relationship" with “formerly affiliated entities that are controlled by a foreign adversary," Sec. 2(g)(6)(A) & (B). The Act therefore appears to conclusively eliminate TikTok Inc.'s ability to speak through its editorial and publishing activities and through its own. account on the TikTok platform. 57. For similar reasons, the Act burdens the First Amendment rights of other ByteDance subsidiaries to reach their U.S. user audiences, (Page 35 of Total) 34

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 36 of 70 since those companies are likewise prohibited from speaking and engaging in editorial activities on other ByteDance applications. 58. The Act is subject to strict scrutiny. The Act's restrictions on Petitioners' First Amendment rights are subject to strict scrutiny for three independent reasons. 59. First, the Act represents a content- and viewpoint-based restriction on protected speech. The Act discriminates on a content basis because it exempts platforms "whose primary purpose" is to host specific types of content: "product reviews, business reviews, or travel information and reviews.” Sec. 2(g)(2)(B). The Act thus “distinguish[es] favored speech" - i.e., speech concerning travel information and business reviews "from disfavored speech" ―i.e., all other types of - speech, including particularly valuable speech like religious and political content. Turner Broad. Sys., Inc. v. FCC, 512 U.S. 622, 643 (1994). 60. The Act also discriminates on a viewpoint basis because it appears to have been enacted at least in part because of concerns over the viewpoints expressed in videos posted on TikTok by users of the platform. For example, the House Committee Report asserted, without supporting evidence, that Tik Tok "can be used by [foreign adversaries] to 35 (Page 36 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 37 of 70 push misinformation, disinformation, and propaganda on the American public" 19 a concern that in any event could be raised about any platform for user-generated content. See infra ¶¶82, 87. Similarly, Rep. Raja Krishnamoorthi, who co-sponsored the Act, expressed the unsubstantiated concern that “the platform continued to show dramatic differences in content relative to other social media platforms."20 61. Second, the Act discriminates between types of speakers. As explained above, TikTok Inc. is a protected First Amendment speaker with respect to the TikTok platform. The Act facially discriminates between Tik Tok Inc. and other speakers depending on the "primary purpose” of the platforms they operate. Any application offered by Petitioners is automatically deemed a “foreign adversary controlled application,” without any exclusions or exceptions. Sec. 2(g)(3)(A). By contrast, any other company's application can be deemed a "foreign adversary controlled application” only if the company does not operate a 19 House Committee Report at 2. 20 Sapna Maheshwari, David McCabe & Annie Karni, House Passes Bill to Force Tik Tok Sale From Chinese Owner or Ban the App, N.Y. Times (Mar. 13, 2024), https://perma.cc/Z7UE-WYH6. (Page 37 of Total) 36

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 38 of 70 website or application "whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews." Sec. 2(g)(2)(B). The Act thus favors speakers that do offer such websites or applications over speakers that do not. 62. Moreover, the Act singles out TikTok Inc. and other subsidiaries of ByteDance for unique disfavor in other ways. Whereas other companies with ownership in a country deemed a "foreign adversary" become subject to the Act's restrictions only upon a presidential determination that the company poses "a significant threat to the national security of the United States,” Sec. 2(g)(3)(B), ByteDance Ltd. and its subsidiaries are automatically subject to the Act's draconian restrictions by fiat, Sec. 2(g)(3)(A). The standard and process that the Act specifies for every other company likely fall short of what is required. by the First Amendment and other applicable constitutional protections, but TikTok Inc. and ByteDance have been singled out for a dramatically different, even more clearly unconstitutional regime with no public notice, no process for a presidential determination that there is a significant national security threat, no justification of that determination by a public report and submission of classified evidence to Congress, and 37 - (Page 38 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 39 of 70 no judicial review for statutory and constitutional sufficiency based on the reasons set forth in the presidential determination. The Act also draws a speaker-based distinction insofar as it specifically names Byte Dance Ltd. and TikTok, and also exempts applications with fewer than 1 million monthly users (except if those applications are operated by ByteDance Ltd. or TikTok). Sec. 2(g)(2)(A)(ii), (3)(A). 63. A statutory restriction targeting specific classes of speakers is subject to strict scrutiny. See United States v. Playboy Ent. Grp., Inc., 529 U.S. 803, 812 (2000) ("Laws designed or intended to suppress or restrict the expression of certain speakers contradict basic First Amendment principles."). And that is especially true when, as here, the Act singles out Petitioners by name for uniquely disfavored treatment and congressional statements indicate that the Act targets Petitioners in part because of concerns about the content on TikTok. Because the Act "target[s]" both "speakers and their messages for disfavored treatment,” strict scrutiny review is required. Sorrell, 564 U.S. at 565; see also Turner, 512 U.S. at 658-60. 64. Third, the Act is subject to strict scrutiny as an unlawful prior restraint. The Supreme Court has "consistently" recognized in a "long 38 (Page 39 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 40 of 70 line" of cases that government actions that “deny use of a forum in advance of actual expression" or forbid “the use of public places [for plaintiffs] to say what they wanted to say" are prior restraints. Se. Promotions, Ltd. v. Conrad, 420 U.S. 546, 552-53 (1975). “[P]rior restraints on speech and publication are the most serious and the least. tolerable infringement on First Amendment rights." Nebraska Press Ass'n v. Stuart, 427 U.S. 539, 559 (1976). The Act suppresses speech in advance of its actual expression by prohibiting all U.S. TikTok users including Petitioner Tik Tok Inc. - from communicating on the platform. See Backpage.com, LLC v. Dart, 807 F.3d 229 (7th Cir. 2015) (defendant's conduct restricting the operator of classified advertising website was a prior restraint); Org. for a Better Austin v. Keefe, 402 U.S. 415, 418–19 (1971) (ban on distributing leaflets a prior restraint); U.S. WeChat Users All. v. Trump, 488 F. Supp. 3d 912, 926 (N.D. Cal. 2020) (ban on communications application a prior restraint). The same is true of other Byte Dance subsidiaries and their platforms. Such restrictions “bear[] a heavy presumption against [their] constitutional validity." Se. Promotions, 420 U.S. at 558. (Page 40 of Total) 39

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 41 of 70 65. The Act fails strict scrutiny because it does not further a compelling interest. Strict scrutiny “requires the Government to prove that the restriction [1] furthers a compelling interest and [2] is narrowly tailored to achieve that interest." Reed v. Town of Gilbert, 576 U.S. 155, 171 (2015) (numerical alterations added). "If a less restrictive alternative would serve the Government's purpose, the legislature must use that alternative." Playboy, 529 U.S. at 813. The Act fails on both counts. 66. The Act does not further a compelling interest. To be sure, national security is a compelling interest, but the government must show that the Act furthers that interest. To do so, the government "must do more than simply posit the existence of the disease sought to be cured." Turner, 512 U.S. at 664 (plurality op.). Rather, it “must demonstrate that the recited harms are real, not merely conjectural, and that the regulation will in fact alleviate these harms in a direct and material way." Id. 67. Congress itself has offered nothing to suggest that the TikTok platform poses the types of risks to data security or the spread of foreign propaganda that could conceivably justify the Act. The Act is devoid of 40 (Page 41 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 42 of 70 any legislative findings, much less a demonstration of specific harms that Tik Tok supposedly poses in either respect, even though the platform was first launched in 2017. 68. The statements of congressional committees and individual Members of Congress during the hasty, closed-door legislative process preceding the Act's enactment confirm that there is at most speculation, not "evidence,” as the First Amendment requires. Instead of setting out evidence that TikTok is actually compromising Americans' data security by sharing it with the Chinese government or spreading pro-China propaganda, the House Committee Report for an earlier version of the Act relies repeatedly on speculation that Tik Tok could do those things. See, e.g., House Committee Report at 6 (TikTok could “potentially [be] allowing the CCP 'to track the locations of Federal employees and contractors") (emphasis added) (quoting Exec. Order 13,942, 85 Fed. Reg. 48637, 48637 (Aug. 6, 2020)); id. at 8 (discussing "the possibility that the [CCP] could use [TikTok] to control data collection on millions of users") (emphasis added); id. ("Tik Tok has sophisticated capabilities that create the risk that [it] can ……. suppre[ss] statements and news that the PRC deems negative") (emphasis added). Speculative risk of harm is simply 41 (Page 42 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 43 of 70 not enough when First Amendment values are at stake. These risks are even more speculative given the other ways that the Chinese government could advance these asserted interests using a variety of intelligence tools and commercial methods. See infra 85–87. 69. The conjectural nature of these concerns are further underscored by President Biden's decision to continue to maintain a Tik Tok account for his presidential campaign even after signing the Act into law. 21 Congressional supporters of the Act have also maintained campaign accounts on TikTok. 22 This continued use of TikTok by President Biden and Members of Congress undermines the claim that the platform poses an actual threat to Americans. 70. Further, even if the government could show that TikTok or another ByteDance-owned application "push[es] misinformation, disinformation, and propaganda on the American public," House 21 Monica Alba, Sahil Kapur & Scott Wong, Biden Campaign Plans to Keep Using Tik Tok Through the Election, NBC News (Apr. 24, 2024), https://perma.cc/QPQ5-RVAD. 22 Tom Norton, These US Lawmakers Voted for Tik Tok Ban But Use It Themselves, Newsweek (Apr. 17, 2024), https://perma.cc/AQ5F-N8XQ. At least one Member created a TikTok account after the Act was enacted. See https://perma.cc/L3GT-7529. (Page 43 of Total) 42

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 44 of 70 Committee Report at 2, the government would still lack a compelling interest in preventing Americans from hearing disfavored speech. generated by TikTok users and shared on the platform just because the government considers it to be foreign "propaganda." See Lamont v. Postmaster Gen. of U.S., 381 U.S. 301, 305 (1965). 71. The Act also offers no support for the idea that other applications operated by subsidiaries of ByteDance Ltd. pose national security risks. Indeed, the legislative record contains no meaningful discussion of any ByteDance-owned application other than TikTok― let alone evidence “proving” that those other applications pose such risks. Reed, 576 U.S. at 171. 72. - The Act also provides neither support nor explanation for subjecting Petitioners to statutory disqualification by legislative fiat while providing every other platform, and users of other platforms, with a process that includes a statutory standard for disqualification, notice, a reasoned decision supported by evidence, and judicial review based on those specified reasons. Only Petitioners are subjected to a regime that has no notice and no reasoned decision supported by evidence - opening the door to, among other things, post-hoc arguments that may not have 43 (Page 44 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 45 of 70 been the basis for the government action. The Supreme Court recently explained that the requirement of a "reasoned explanation" is "meant to ensure that [the government] offer[s] genuine justifications for important decisions, reasons that can be scrutinized by courts and the interested public. Accepting contrived reasons would defeat the purpose of the enterprise." Dep't of Com. v. New York, 139 S. Ct. 2551, 2576 (2019). Depriving Petitioners of those protections imposes a dramatically heavier burden on the free speech rights of Petitioners and TikTok users that is wholly unjustified and certainly not supported by a compelling interest. The Act also fails strict scrutiny because it is not narrowly tailored. "Even where questions of allegedly urgent national security. . . are concerned," the government must show that "the evil that would result from the [restricted speech] is both great and certain and cannot be mitigated by less intrusive measures.” CBS, Inc. v. Davis, 510 U.S. 1315, 1317 (1994). To satisfy narrow tailoring, the Act must represent the least restrictive means to further the government's asserted data security and propaganda interests, Sable Commc'ns of Cal., Inc. v. FCC, 492 U.S. 115, 126 (1989), and be neither over- nor under- 73. (Page 45 of Total) 44

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 46 of 70 inclusive, Ark. Writers' Project, Inc. v. Ragland, 481 U.S. 221, 232 (1987). The Act fails in each of these respects. 74. The Act opts for a wholesale prohibition on Petitioners offering online applications in lieu of a multitude of less restrictive measures it could have taken instead. As discussed above, Petitioners have been involved in negotiations with CFIUS since 2019 over a package of measures that would resolve the government's concerns about data security and purported propaganda related to TikTok. The terms of that negotiated package are far less restrictive than an outright ban. The negotiations have resulted in the draft National Security Agreement, which Tik Tok Inc. is already in the process of voluntarily implementing to the extent it can do so without government action. That initiative includes a multi-billion-dollar effort to create a new TikTok U.S. subsidiary devoted to protecting U.S. user data and have U.S.-based Oracle Corporation store protected U.S. TikTok user data in the United States, run the TikTok recommendation system for U.S. users, and inspect TikTok's source code for security vulnerabilities. 75. If executed by the government, the National Security Agreement would also give CFIUS a "shut-down option" to suspend 45 (Page 46 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 47 of 70 Tik Tok in the United States in response to specified acts of noncompliance. The government has never meaningfully explained why the National Security Agreement (a far less restrictive alternative to an outright, total ban) is insufficient to address its stated concerns about data security and propaganda. 76. Even if the government's dissatisfaction with the draft. National Security Agreement were valid (despite the government never explaining why the agreement that the government itself negotiated is unsatisfactory), the CFIUS process in in which Petitioners have participated in good faith is geared toward finding any number of other less restrictive alternatives to an outright, total ban. The CFIUS member agencies could return to working with Petitioners to craft a solution that is tailored to meet the government's concerns and that is commercially, technologically, and legally feasible. Yet the government has not explained why the CFIUS process is not a viable alternative. 77. There are also a wide range of other less restrictive measures that Congress could have enacted. While many of these measures are themselves unjustified as applied to Petitioners, they nevertheless. illustrate that the Act does not select the least restrictive means to 46 (Page 47 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 48 of 70 further the national security goals that appear to have motivated it. For example, Congress could have addressed some members' stated concern about Tik Tok allegedly "track[ing] the locations of Federal employees and contractors" 23 by expanding the existing ban on government-owned devices to cover personal devices of federal employees and contractors. Or Congress could have enacted legislation to regulate TikTok's access to measures the Department of certain features on users' devices Homeland Security identified in 2020 as potential mitigations to "reduce the national security risks associated with" TikTok.24 78. Of course, Congress could also have decided not to single out a single speech platform (TikTok) and company (ByteDance Ltd.), and instead pursued any number of industry-wide regulations aimed at addressing the industry-wide issues of data security and content integrity. Congress could have enacted a data protection law governing transfers of Americans' sensitive data to foreign countries, similar to the 23 House Committee Report at 6. 24 Cybersecurity and Infrastructure Agency, Critical Infrastructure Security and Resilience Note, Appendix B: Department of Homeland Security Tik Tok and WeChat Risk Assessment 4 (Sept. 2, 2020). 47 (Page 48 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 49 of 70 strategy President Biden is currently pursuing through executive - the order. 25 Indeed, Congress did enact such a data-transfer law similarly named "Protecting Americans' Data from Foreign Adversaries Act of 2024" as the very next division of the legislation that contains the Act. Yet it chose to prohibit only “data broker[s]” from “mak[ing] available personally identifiable sensitive data of a United States. individual to any foreign adversary country or ... any entity that is controlled by a foreign adversary." H.R. 815, div. I, § 2(a), 118th Cong., Pub. L. No. 118-50 (Apr. 24, 2024). 79. There are also models for industry-wide regulation that Congress could have followed from other jurisdictions. For example, the European Union's Digital Services Act requires certain platforms to make disclosures about their content-moderation policies and to provide regulators and researchers with access to their data so those researchers can assess if the platforms are systemically promoting or suppressing 25 See Exec. Order 14, 117, 89 Fed. Reg. 15421 (Mar. 1, 2024). 48 (Page 49 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 50 of 70 content with particular viewpoints. 26 Congress pursued none of these alternatives. 80. Congress did not even provide Petitioners with the process and fact-finding protections that the Act extends to all other companies -protections which themselves likely fall short of what the Constitution mandates. Other companies receive prior notice, followed by a presidential determination of (and public report on) the national security threat posed by the targeted application, and the submission to Congress. of classified evidence supporting that determination, Sec. 2(g)(3)(B), which then is subject to judicial review based on the actual reasons for the decision, not post hoc rationalizations. 81. Because Congress failed to try any of these less restrictive measures, or at a minimum to explain why these alternatives would not address the government's apparent concerns, the Act is not narrowly tailored. 82. The Act independently fails strict scrutiny because it is both under- and over-inclusive. The Act is under-inclusive because it 26 EU Reg. 2022/2065 arts. 15, 40(4), 42(2). 49 (Page 50 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 51 of 70 ignores the many ways in which other companies. - both foreign and domestic can pose the same risks to data security and promotion of misinformation supposedly posed by Petitioners. The government "cannot claim" that banning some types of foreign owned applications is "necessary" to prevent espionage and propaganda “while at the same time" allowing other types of platforms and applications that may "create the same problem.” Reed, 576 U.S. at 172. Put differently, the Act's “[u]nderinclusiveness raises serious doubts about whether the government is in fact pursuing the interest it invokes, rather than disfavoring a particular speaker or viewpoint.” Brown v. Ent. Merchants Ass'n, 564 U.S. 786, 802 (2011). 83. Most glaringly, the Act applies only to Petitioners and certain other platforms that allow users to generate and view "text, images, videos, real-time communications, or similar content.” Sec. 2(g)(2)(A). The Act's coverage is thus triggered not by whether an application. collects users' data, but whether it shows them “content." Accordingly, there is no necessary relationship between the Act's scope and Congress's apparent concern with risks to Americans' data security, which could (Page 51 of Total) 50

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 52 of 70 equally be posed by personal finance, navigation, fitness, or many other types of applications. 84. The Act also singles out Petitioners by exempting all other companies that operate any website or application "whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews." Sec. 2(g)(2)(B). But the Act does not explain why such applications, when (i) “foreign adversary controlled” under the Act's broad definition; and (ii) determined by the President to be a significant national security threat, could not likewise be used to collect data from Americans such as Americans' location information - or to spread misinformation. Nor does the Act explain why an entire company presents no threat simply because it operates a single website or application the “primary purpose” of which is posting “product reviews, business reviews, or travel information and reviews." Sec. 2(g)(2)(B). The Act's differential treatment of this favored category of websites and applications also disregards the fact that there is voluminous content on Tik Tok containing product reviews, business reviews, and travel information and reviews. Yet TikTok and all ByteDance applications are ineligible for this exclusion. 51 (Page 52 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 53 of 70 85. More broadly, the Act ignores the reality that much of the data collected by Tik Tok is no different in kind from the data routinely collected by other applications and sources in today's online world, including by American companies like Google, Snap, and Meta. The Act also ignores that foreign countries, including China, can obtain such information on Americans in other ways such as through open-source research and hacking operations. 86. Likewise, the House Committee Report on an earlier version of the Act speculates that allowing source code development in China "potentially exposes U.S. users to malicious code, backdoor vulnerabilities, surreptitious surveillance, and other problematic activities tied to source code development."27 But those supposed risks arise for each of the many American companies that employ individuals in China to develop code. The Act, however, does not seek to regulate, much less prohibit, all online applications offered by companies that have offices in China or that otherwise employ Chinese nationals as software developers. 28 27 House Committee Report at 5. 28 See, e.g., Karen Freifeld & Jonathan Stempel, Former Google Engineer 52 (Page 53 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 54 of 70 87. Nor does the Act seek to cut off numerous other ways that Americans could be exposed to foreign propaganda. For instance, the Act leaves foreign nationals (and even adversarial governments themselves) free to operate cable television networks in the United States, spread propaganda through accounts on other online platforms that enable the sharing of user-generated content, or distribute copies of state-run newspapers physically or over the Internet (including by software applications) in the United States. 29 Indicted for Stealing AI Secrets to Aid Chinese Companies, Reuters (Mar. 6, 2024), https://perma.cc/6LYE-64J6. 29 The U.S. government has recognized that foreign government. propaganda is an industry-wide challenge for online platforms. See, e.g., Nat'l Intel. Council, Declassified Intelligence Community Assessment, Foreign Threats to the 2020 US Federal Elections (Mar. 10, 2021), https://perma.cc/VD3Y-VXSB. YouTube, for example, added disclaimers to certain channels that were reportedly being used to spread disinformation on behalf of the Russian government. Paresh Dave & Christopher Bing, Russian Disinformation on YouTube Draws Ads, Lacks Warning Labels - Researchers, Reuters (June 7, 2019), https://perma.cc/2BEJ-VKGW. Like others in the industry, TikTok publishes transparency reports on attempts by users to use the platform for government propaganda purposes. See TikTok, Countering Influence Operations (last visited May 6, 2024), https://perma.cc/AB39-S8FJ. 53 (Page 54 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 55 of 70 88. The Act is also over-inclusive because it applies to other Byte Dance Ltd.-owned applications that Congress has not shown and could not possibly prove pose the risks the Act apparently seeks to address. - 89. At a minimum, the Act fails intermediate scrutiny. Even if strict scrutiny did not apply, the Act would still fail intermediate scrutiny as a time, place, and manner restriction: the Act prohibits speech activity on TikTok at all times, in all places, and in all manners anywhere across the United States. To pass intermediate scrutiny, a law must be "narrowly tailored to serve a significant governmental interest.” McCullen v. Coakley, 573 U.S. 464, 486 (2014). This means that it must not "burden substantially more speech than is necessary to further the government's legitimate interests," Turner, 512 U.S. at 661-62, and "leave open ample alternative channels for communication of the information," Clark v. Cmty. for Creative Non-Violence, 468 U.S. 288, 293 (1984). 90. For many of the same reasons the Act cannot satisfy strict scrutiny, it also cannot satisfy intermediate scrutiny: (Page 55 of Total) 54

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 56 of 70 91. As discussed supra ¶¶67-69, the government has failed to establish that its apparent data security and propaganda concerns with Tik Tok are non-speculative. And as discussed supra ¶¶ 73-81, the Act. burdens substantially more speech than necessary because there are many less restrictive alternatives Congress could have adopted to address any legitimate concerns. The Act also fails intermediate scrutiny because it “effectively prevents” TikTok Inc. “from reaching [its] intended audience" and thus "fails to leave open ample alternative means of communication." Edwards v. City of Coeur d'Alene, 262 F.3d 856, 866 (9th Cir. 2001). 92. Regardless of the level of scrutiny, the Act violates the First Amendment for two additional reasons. 93. The Act forecloses an entire medium of expression. First, by banning TikTok in the United States, the Act "foreclose[s] an entire medium of expression." City of Ladue v. Gilleo, 512 U.S. 43, 56 (1994). A "long line of Supreme Court cases indicates that such laws are almost never reasonable." Anderson v. City of Hermosa Beach, 621 F.3d 1051, 1064-65 (9th Cir. 2010). (Page 56 of Total) 55

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 57 of 70 94. The Act is constitutionally overbroad. Second, the Act is facially overbroad. A law is "overbroad if a substantial number of its. applications are unconstitutional, judged in relation to the statute's plainly legitimate sweep." United States v. Stevens, 559 U.S. 460, 473 (2010) (citation omitted). Here, for example, the government has never contended that all or even most of the content on TikTok (or any other Byte Dance-owned application) represents misinformation, or propaganda. Yet the Act shuts down all speech on ByteDance-owned applications at all times, in all places, and in all manners. That is textbook overbreadth. See, e.g., Bd. of Airport Comm'rs v. Jews for Jesus, Inc., 482 U.S. 569, 574–75 (1987). disinformation, Ground 2: Unconstitutional Bill of Attainder 95. The Act is an unconstitutional bill of attainder. Article I of the U.S. Constitution prohibits Congress from passing any bill of attainder. U.S. Const. art. I § 9, cl. 3 ("No Bill of Attainder or ex post facto Law shall be passed."). A bill of attainder is "legislative punishment, of any form or severity, of specifically designated persons or groups." United States v. Brown, 381 U.S. 437, 447 (1965). The protection against bills of attainder is “an implementation of 56 (Page 57 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 58 of 70 the separation of powers, a general safeguard against legislative exercise of the judicial function, or more simply trial by legislature." Id. at 442. - 97. By singling out Petitioners for legislative punishment, the Act is an unconstitutional bill of attainder. 98. The Act inflicts "pains and penalties" that historically have been associated with bills of attainder. See Nixon v. Adm'r of Gen. Servs., 433 U.S. 425, 474 (1977). Historically, common "pains and penalties" included "punitive confiscation of property by the sovereign” and “a legislative enactment barring designated individuals or groups from participation in specified employments or vocations," among others. Id. As described above, the Act confiscates Petitioners' U.S. businesses by forcing ByteDance to shutter them within 270 days or sell on terms that are not commercially, technologically, or legally feasible. See supra ¶¶26-29. For the same reason, the Act bars Petitioners from operating in their chosen line of business. 99. "[V]iewed in terms of the type and severity of burdens imposed" on Petitioners, the Act's treatment of Petitioners cannot "reasonably ... be said to further nonpunitive legislative purposes." Nixon, 433 U.S. at 475–76. The Act transforms Petitioners into a “vilified 57 (Page 58 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 59 of 70 class" by explicitly prohibiting their current and future operations in the United States, without qualification or limitation, but does not extend the same treatment to other similarly situated companies. Foretich v. United States, 351 F.3d 1198, 1224 (D.C. Cir. 2003). 100. Moreover, in light of the less restrictive alternatives discussed above, there is no justification for automatically barring Petitioners' current and future operations in the United States (or those of its subsidiaries or successors) in perpetuity without providing them a meaningful opportunity to take corrective action. See Kaspersky Lab, Inc. v. U.S. Dep't of Homeland Sec., 909 F.3d 446, 456 (D.C. Cir. 2018). Indeed, the Act imposes this punishment uniquely on Petitioners without the process, and presidential determination of a significant national security threat, that Congress has afforded to everyone else. Expressly singling out Petitioners for these punitive burdens while at the same time adopting a statutory standard and decision-making process applicable to every other entity makes clear that Petitioners are subjected to a prohibited legislatively imposed punishment. 101. Moreover, while Petitioners can avoid the Act's prohibitions only via a wholesale divestment, all other companies 58 even those with (Page 59 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 60 of 70 Chinese ownership and determined by the President to present a "significant threat" to U.S. national security ― can avoid prohibition simply by operating a website or an application "whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews." Sec. 2(g)(2)(b). 102. Indeed, any other "adversary-controlled" company that operates an application exactly like TikTok, but also operates a website the primary purpose of which is to post product reviews, is left untouched, leaving a ready path for any company but those affiliated with Petitioners to circumvent the Act's prohibitions altogether. For all practical purposes, then, the Act applies to just one corporate group is a "Tik Tok bill," as congressional leaders have described it.30 - it 103. For all of these reasons, the Act constitutes an unconstitutional bill of attainder. 30 Rachel Dobkin, Mike Johnson's Letter Sparks New Flood of Republican Backlash, Newsweek (Apr. 17, 2024), https://perma.cc/Z5HD-7UVU (quoting letter from Speaker Johnson referencing the “TikTok_bill”); Senator Chuck Schumer, Majority Leader, to Colleagues (Apr. 5, 2024), https://perma.cc/J7Q4-9PGJ (referencing “TikTok legislation”). 59 (Page 60 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 61 of 70 Ground 3: Violation of Equal Protection 104. The Act also violates Petitioners' rights under the equal protection component of the Fifth Amendment's Due Process Clause because it singles Petitioners out for adverse treatment without any reason for doing so. 105. First, the Act deems any application offered by Petitioners to be a “foreign adversary controlled application" without notice or a presidential determination. Sec. 2(g)(3)(A). By contrast, applications offered by other companies "controlled by a foreign adversary" are deemed to be "foreign adversary controlled applications" only after notice. and a presidential determination that those companies present "significant threat[s]" to U.S. national security, a determination that must be supported by evidence submitted to Congress. Sec. 2(g)(2)(B); see supra 34(d). 106. That distinction imposes a dramatically heavier burden on Petitioners' free speech rights without any justification. The Act precludes the government from burdening the speech rights of any speakers other than Petitioners unless and until the President issues a public report on the specific national security concerns animating the 60 (Page 61 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 62 of 70 President's decision, provides support for that decision, and describes the assets requiring divestiture. Those protections ensure that the President must, at the very least, provide a detailed national security justification for his or her actions before burdening other speakers' speech a justification that then will provide the basis for judicial review. The Act imposes none of those requirements as a precondition for burdening Petitioners' speech it levies that burden by unexplained legislative fiat. — 107. Second, the Act denies Petitioners the exemption available to any other company that is purportedly “controlled by a foreign adversary." As noted, any application Petitioners offer is ipso facto deemed a "foreign adversary controlled application." By contrast, other companies "controlled by a foreign adversary" are exempt from the Act's definition of a "covered company," and thus from the Act's requirements, so long as they offer at least one application with the "primary purpose" of “allow[ing] users to post product reviews, business reviews, or travel information and reviews." Sec. 2(g)(2)(B). 108. There is no conceivable reason for treating Petitioners differently than all other similarly situated companies. Even if Congress 61 (Page 62 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 63 of 70 had valid interests in protecting U.S. users' data and controlling what content may be disseminated through global platforms that would be advanced through the Act, there is no reason why those concerns would support a ban on Petitioners' platforms without corresponding bans on other platforms. Nor is there any rational reason why Congress would ban Petitioners' platforms while allowing any other company "controlled by a foreign adversary" - regardless of the national security threat posed by that company to sidestep the Act's reach by simply offering an - application that “allows users to post product reviews, business reviews, or travel information and reviews," but changing nothing else about the company's operations, ownership structure, or other applications. 109. By treating Petitioners differently from others similarly situated, the Act denies Petitioners the equal protection of the law. Ground 4: Unconstitutional Taking 110. The Act effects an unlawful taking of private property without just compensation, in violation of the Fifth Amendment's Takings Clause. 111. The Takings Clause provides that “private property” shall not be "taken for public use, without just compensation." U.S. Const. amend. V, cl. 5. The Act does just that by shutting down ByteDance's 62 (Page 63 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 64 of 70 U.S. businesses or, to the extent any qualified divestiture alternative is even feasible (it is not), compelling ByteDance to sell those businesses. under fire-sale circumstances that guarantee inadequate compensation. 112. Petitioners have substantial property interests in, and associated with, their and their affiliates' U.S. operations. These include not only ByteDance Ltd.'s interest in TikTok Inc. and other U.S. businesses, but also the platforms and applications themselves. See Kimball Laundry Co. v. United States, 338 U.S. 1, 11–13 (1949) (Takings Clause also protects losses to going-concern value of business). 113. If the Act's prohibitions take effect, they will deprive Petitioners of property protected by the Takings Clause. Absent a qualified divestiture, the Act will shutter Petitioners' businesses in the United States. And even if a qualified divestiture were feasible (it is not), any sale could be, at best, completed only at an enormous discount to the U.S. businesses' current market value, given the forced sale conditions. See BFP v. Resol. Tr. Corp., 511 U.S. 531, 537 (1994) (“[M]arket value, as it is commonly understood, has no applicability in the forced-sale context; indeed, it is the very antithesis of forced-sale value."). (Page 64 of Total) 63

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 65 of 70 114. Because the Act compels ByteDance "to relinquish specific, identifiable property" or forfeit "all economically beneficial uses," the Act effects a per se taking. Horne v. Dep't of Agric., 576 U.S. 350, 364-65 (2015); Lucas v. S.C. Coastal Council, 505 U.S. 1003, 1019 (1992). 115. Alternatively, the Act inflicts a regulatory taking. Even when a law does not compel the physical invasion of property or deprive the property of all economically viable use, it still effects a taking "if [it] goes too far." Penn. Coal Co. v. Mahon, 260 U.S. 393, 415 (1922). In determining when a law "goes too far," courts have typically looked to "several factors" identified in Penn Central Transportation Co. v. City of New York, 438 U.S. 104, 124 (1978), namely, (a) “[t]he economic impact of the regulation”; (b) “the extent to which the regulation has interfered with reasonable investment-backed expectations"; and (c) "the character of the governmental action." The Act inflicts a regulatory taking under each of these three factors. 116. The Act does not compensate Petitioners (let alone provide just compensation) for the dispossession of their U.S. businesses. See United States v. Miller, 317 U.S. 369, 373 (1943). Prospective injunctive (Page 65 of Total) 64

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 66 of 70 relief is accordingly warranted. See, e.g., Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 585 (1952). Requested Relief relief: Petitioners respectfully request that this Court grant the following A. Issue a declaratory judgment that the Act violates the U.S. Constitution; B. Issue an order enjoining the Attorney General from enforcing the Act; C. Enter judgment in favor of Petitioners; and D. Grant any further relief that may be appropriate. (Page 66 of Total) 65

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 67 of 70 DATED: May 7, 2024 Andrew J. Pincus Avi M. Kupfer MAYER BROWN LLP 1999 K Street, NW Washington, DC 20006 Telephone: 202-263-3220 Email: [email protected] [email protected] Respectfully submitted, /s/ Alexander A. Berengaut Alexander A. Berengaut David M. Zionts Megan A. Crowley COVINGTON & BURLING LLP One CityCenter 850 Tenth Street, NW Washington, DC 20001 Telephone: (202) 662-6000 Email: [email protected] [email protected] [email protected] John E. Hall Anders Linderot COVINGTON & BURLING LLP The New York Times Building 620 Eighth Avenue New York, New York 10018 Telephone: (212) 841-1000 Email: [email protected] [email protected] Counsel for Petitioners (Page 67 of Total) 66

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 68 of 70 IN THE UNITED STATES COURT OF APPEALS FOR THE DISTRICT OF COLUMBIA CIRCUIT TIKTOK INC., and BYTEDANCE LTD., V. ) Petitioners, No. 24-1113 MERRICK B. GARLAND, in his official capacity as Attorney General of the United States, Respondent. CORPORATE DISCLOSURE STATEMENT Petitioners state as follows: ByteDance Ltd. is a privately held corporation incorporated in the Cayman Islands. ByteDance Ltd. subsidiaries provide a suite of more than a dozen products and services that allow people to connect with, create, and consume content on the Internet. ByteDance Ltd. has no (Page 68 of Total) 1

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 69 of 70 parent company, and no publicly traded company owns 10% or more of Byte Dance Ltd.'s stock. Tik Tok Inc. is a California-incorporated company that provides the TikTok platform in the United States. TikTok Inc. is a wholly owned subsidiary of TikTok LLC, which is a wholly owned subsidiary of TikTok Ltd. TikTok Ltd. is a wholly owned subsidiary of ByteDance Ltd. TikTok Inc. has no other parent company, and no publicly held corporation owns 10% or more of its stock. (Page 69 of Total) 2 /s/Alexander A. Berengaut Alexander A. Berengaut Counsel for Petitioners

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 70 of 70 CERTIFICATE OF SERVICE I hereby certify that on this 7th day of May, I caused copies of the foregoing Petition for Review and Corporate Disclosure Statement to be served upon the following recipients. By certified mail, postage prepaid: Merrick B. Garland Attorney General of the United States U.S. Department of Justice 950 Pennsylvania Avenue, NW Washington, DC 20530 By hand delivery: Matthew M. Graves United States Attorney 601 D Street, NW Washington, DC 20579 /s/ Alexander A. Berengaut Alexander A. Berengaut Counsel for Petitioners (Page 70 of Total)

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 1 of 7 (Page 71 of Total) EXHIBIT A

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 2 of 7 (Page 72 of Total) H. R. 815-61 Fusion Development Strategy programs of the People's Republic of China, including the following: (1) A brief summary of each such identified field and its relevance to the military power and national security of the People's Republic of China. (2) The implications for the national security of the United States as a result of the leadership or dominance by the People's Republic of China in each such identified field and associated supply chains. (3) The identification of at least 10 entities domiciled in, controlled by, or directed by the People's Republic of China (including any subsidiaries of such entity), involved in each such identified field, and an assessment of, with respect to each such entity, the following: (A) Whether the entity has procured components from any known United States suppliers. (B) Whether any United States technology imported by the entity is controlled under United States regulations. (C) Whether United States capital is invested in the entity, either through known direct investment or passive investment flows. (D) Whether the entity has any connection to the Peo- ple's Liberation Army, the Military-Civil Fusion program of the People's Republic of China, or any other state-spon- sored initiatives of the People's Republic of China to sup- port the development of national champions. (c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.-In this section, the term "appropriate congressional committees" means- (1) the Committee on Foreign Affairs of the House of Rep- resentatives; (2) the Committee on Armed Services of the House of Representatives; (3) the Committee on Foreign Relations of the Senate; and (4) the Committee on Armed Services of the Senate. DIVISION H-PROTECTING AMERICANS FROM FOREIGN ADVERSARY CON- TROLLED APPLICATIONS ACT SEC. 1. SHORT TITLE. This division may be cited as the "Protecting Americans from Foreign Adversary Controlled Applications Act”. SEC. 2. PROHIBITION OF FOREIGN APPLICATIONS. ADVERSARY CONTROLLED (a) IN GENERAL.— (1) PROHIBITION OF FOREIGN ADVERSARY CONTROLLED APPLICATIONS.-It shall be unlawful for an entity to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application by carrying out, within the land or maritime borders of the United States, any of the following:

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 3 of 7 (Page 73 of Total) H. R. 815-62 (A) Providing services to distribute, maintain, or update such foreign adversary controlled application (including any source code of such application) by means of a marketplace (including an online mobile application store) through which users within the land or maritime borders of the United States may access, maintain, or update such application. (B) Providing internet hosting services to enable the distribution, maintenance, or updating of such foreign adversary controlled application for users within the land or maritime borders of the United States. (2) APPLICABILITY.-Subject to paragraph (3), this sub- section shall apply― (A) in the case of an application that satisfies the definition of a foreign adversary controlled application pursuant to subsection (g)(3)(A), beginning on the date that is 270 days after the date of the enactment of this division; and (B) in the case of an application that satisfies the definition of a foreign adversary controlled application pursuant to subsection (g)(3)(B), beginning on the date that is 270 days after the date of the relevant determination of the President under such subsection. (3) EXTENSION. With respect to a foreign adversary con- trolled application, the President may grant a 1-time extension of not more than 90 days with respect to the date on which this subsection would otherwise apply to such application pursuant to paragraph (2), if the President certifies to Congress that- (A) a path to executing a qualified divestiture has been identified with respect to such application; (B) evidence of significant progress toward executing such qualified divestiture has been produced with respect to such application; and (C) there are in place the relevant binding legal agree- ments to enable execution of such qualified divestiture during the period of such extension. (b) DATA AND INFORMATION PORTABILITY TO ALTERNATIVE APPLICATIONS.-Before the date on which a prohibition under sub- section (a) applies to a foreign adversary controlled application, the entity that owns or controls such application shall provide, upon request by a user of such application within the land or maritime borders of United States, to such user all the available data related to the account of such user with respect to such application. Such data shall be provided in a machine readable format and shall include any data maintained by such application with respect to the account of such user, including content (including posts, photos, and videos) and all other account information. (c) EXEMPTIONS.— (1) EXEMPTIONS FOR QUALIFIED DIVESTITURES.-Subsection (a)— (A) does not apply to a foreign adversary controlled application with respect to which a qualified divestiture is executed before the date on which a prohibition under subsection (a) would begin to apply to such application; and

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 4 of 7 (Page 74 of Total) H. R. 815-63 (B) shall cease to apply in the case of a foreign adversary controlled application with respect to which a qualified divestiture is executed after the date on which a prohibition under subsection (a) applies to such applica- tion. (2) EXEMPTIONS FOR CERTAIN NECESSARY SERVICES.-Sub- sections (a) and (b) do not apply to services provided with respect to a foreign adversary controlled application that are necessary for an entity to attain compliance with such sub- sections. (d) ENFORCEMENT.— (1) CIVIL PENALTIES.― (A) FOREIGN ADVERSARY CONTROLLED APPLICATION VIO- LATIONS. An entity that violates subsection (a) shall be subject to pay a civil penalty in an amount not to exceed the amount that results from multiplying $5,000 by the number of users within the land or maritime borders of the United States determined to have accessed, maintained, or updated a foreign adversary controlled application as a result of such violation. (B) DATA AND INFORMATION VIOLATIONS.-An entity that violates subsection (b) shall be subject to pay a civil penalty in an amount not to exceed the amount that results from multiplying $500 by the number of users within the land or maritime borders of the United States affected by such violation. (2) ACTIONS BY ATTORNEY GENERAL.-The Attorney Gen- eral- (A) shall conduct investigations related to potential violations of subsection (a) or (b), and, if such an investiga- tion results in a determination that a violation has occurred, the Attorney General shall pursue enforcement under paragraph (1); and (B) may bring an action in an appropriate district court of the United States for appropriate relief, including civil penalties under paragraph (1) or declaratory and injunctive relief. (e) SEVERABILITY.― (1) IN GENERAL.-If any provision of this section or the application of this section to any person or circumstance is held invalid, the invalidity shall not affect the other provisions or applications of this section that can be given effect without the invalid provision or application. (2) SUBSEQUENT DETERMINATIONS.-If the application of any provision of this section is held invalid with respect to a foreign adversary controlled application that satisfies the definition of such term pursuant to subsection (g)(3)(A), such invalidity shall not affect or preclude the application of the same provision of this section to such foreign adversary con- trolled application by means of a subsequent determination pursuant to subsection (g)(3)(B). (f) RULE OF CONSTRUCTION.-Nothing in this division may be construed― (1) to authorize the Attorney General to pursue enforce- ment, under this section, other than enforcement of subsection (a) or (b);

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 5 of 7 (Page 75 of Total) H. R. 815-64 (2) to authorize the Attorney General to pursue enforce- ment, under this section, against an individual user of a foreign adversary controlled application; or (3) except as expressly provided herein, to alter or affect any other authority provided by or established under another provision of Federal law. (g) DEFINITIONS.-In this section: (1) CONTROLLED BY A FOREIGN ADVERSARY.-The term "con- trolled by a foreign adversary" means, with respect to a covered company or other entity, that such company or other entity is- (A) a foreign person that is domiciled in, is headquartered in, has its principal place of business in, or is organized under the laws of a foreign adversary country; (B) an entity with respect to which a foreign person or combination of foreign persons described in subpara- graph (A) directly or indirectly own at least a 20 percent stake; or (C) a person subject to the direction or control of a foreign person or entity described in subparagraph (A) or (B). (2) COVERED COMPANY.— (A) IN GENERAL.—The term "covered company" means an entity that operates, directly or indirectly (including through a parent company, subsidiary, or affiliate), a website, desktop application, mobile application, or aug- mented or immersive technology application that— (i) permits a user to create an account or profile to generate, share, and view text, images, videos, real- time communications, or similar content; (ii) has more than 1,000,000 monthly active users with respect to at least 2 of the 3 months preceding the date on which a relevant determination of the President is made pursuant to paragraph (3)(B); (iii) enables 1 or more users to generate or dis- tribute content that can be viewed by other users of the website, desktop application, mobile application, or augmented or immersive technology application; and (iv) enables 1 or more users to view content gen- erated by other users of the website, desktop applica- tion, mobile application, or augmented or immersive technology application. (B) EXCLUSION.—The term “covered company” does not include an entity that operates a website, desktop applica- tion, mobile application, or augmented or immersive tech- nology application whose primary purpose is to allow users to post product reviews, business reviews, or travel information and reviews. a (3) FOREIGN ADVERSARY CONTROLLED APPLICATION.―The term "foreign adversary controlled application" means website, desktop application, mobile application, or augmented or immersive technology application that is operated, directly or indirectly (including through a parent company, subsidiary, or affiliate), by— (A) any of (i) ByteDance, Ltd.;

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 6 of 7 (Page 76 of Total) (ii) TikTok; H. R. 815-65 (iii) a subsidiary of or a successor to an entity identified in clause (i) or (ii) that is controlled by a foreign adversary; or (iv) an entity owned or controlled, directly or indirectly, by an entity identified in clause (i), (ii), or (iii); or (B) a covered company that- (i) is controlled by a foreign adversary; and (ii) that is determined by the President to present a significant threat to the national security of the United States following the issuance of (I) a public notice proposing such determina- tion; and (II) a public report to Congress, submitted not less than 30 days before such determination, describing the specific national security concern involved and containing a classified annex and a description of what assets would need to be divested to execute a qualified divestiture. (4) FOREIGN ADVERSARY COUNTRY.-The term “foreign adversary country" means a country specified in section 4872(d)(2) of title 10, United States Code. (5) INTERNET HOSTING SERVICE.―The term "internet hosting service" means a service through which storage and computing resources are provided to an individual or organiza- tion for the accommodation and maintenance of 1 or more websites or online services, and which may include file hosting, domain name server hosting, cloud hosting, and virtual private server hosting. (6) QUALIFIED DIVESTITURE.—The term "qualified divesti- ture" means a divestiture or similar transaction that- (A) the President determines, through an interagency process, would result in the relevant foreign adversary controlled application no longer being controlled by a for- eign adversary; and (B) the President determines, through an interagency process, precludes the establishment or maintenance of any operational relationship between the United States operations of the relevant foreign adversary controlled application and any formerly affiliated entities that are controlled by a foreign adversary, including any cooperation with respect to the operation of a content recommendation algorithm or an agreement with respect to data sharing. (7) SOURCE CODE.-The term "source code" means the com- bination of text and other characters comprising the content, both viewable and nonviewable, of a software application, including any publishing language, programming language, pro- tocol, or functional content, as well as any successor languages or protocols. (8) UNITED STATES.-The term "United States" includes the territories of the United States. SEC. 3. JUDICIAL REVIEW. (a) RIGHT OF ACTION.-A petition for review challenging this division or any action, finding, or determination under this division

USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 7 of 7 (Page 77 of Total) H. R. 815-66 may be filed only in the United States Court of Appeals for the District of Columbia Circuit. (b) EXCLUSIVE JURISDICTION.-The United States Court of Appeals for the District of Columbia Circuit shall have exclusive jurisdiction over any challenge to this division or any action, finding, or determination under this division. (c) STATUTE OF LIMITATIONS.-A challenge may only be brought― (1) in the case of a challenge to this division, not later than 165 days after the date of the enactment of this division; and (2) in the case of a challenge to any action, finding, or determination under this division, not later than 90 days after the date of such action, finding, or determination. DIVISION I-PROTECTING AMERICANS' DATA FROM FOREIGN ADVERSARIES ACT OF 2024 SEC. 1. SHORT TITLE. This division may be cited as the "Protecting Americans' Data from Foreign Adversaries Act of 2024". SEC. 2. PROHIBITION ON TRANSFER OF PERSONALLY IDENTIFIABLE SENSITIVE DATA OF UNITED STATES INDIVIDUALS TO FOR- EIGN ADVERSARIES. (a) PROHIBITION.-It shall be unlawful for a data broker to sell, license, rent, trade, transfer, release, disclose, provide access to, or otherwise make available personally identifiable sensitive data of a United States individual to- (1) any foreign adversary country; or (2) any entity that is controlled by a foreign adversary. (b) ENFORCEMENT BY FEDERAL TRADE COMMISSION.― (1) UNFAIR OR DECEPTIVE ACTS OR PRACTICES.-A violation of this section shall be treated as a violation of a rule defining an unfair or a deceptive act or practice under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (2) POWERS OF COMMISSION.― (A) IN GENERAL.-The Commission shall enforce this section in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.Č. 41 et seq.) were incorporated into and made a part of this section. (B) PRIVILEGES AND IMMUNITIES.-Any person who vio- lates this section shall be subject to the penalties and entitled to the privileges and immunities provided in the Federal Trade Commission Act. (3) AUTHORITY PRESERVED.-Nothing in this section may be construed to limit the authority of the Commission under any other provision of law. (c) DEFINITIONS.-In this section: (1) COMMISSION.-The term "Commission" means the Fed- eral Trade Commission.

IMAGES

  1. Tok Essay Example sample, Bookwormlab

    tok essay topic 1

  2. TOK Essay Writing Tips

    tok essay topic 1

  3. TOK

    tok essay topic 1

  4. TOK ESSAY INSTRUCTIONS

    tok essay topic 1

  5. how to write a ToK essay cambridge

    tok essay topic 1

  6. IB TOK Essay Assessment Criteria

    tok essay topic 1

VIDEO

  1. ToK Writing Skills Topic Sentences

  2. ToK Essay 6 May 24: Recent Evidence #shorts #tok #tokessay #ibtok

  3. Writing the TOK Essay

  4. Theory of Knowledge Exhibition Prompts ( TOK) 2021

  5. TOK May 2024 Essay Title 1

  6. How to Write an Excellent ToK Essay Pt. 3

COMMENTS

  1. TOK Essay Title #1 (May 2024)

    This TOK Essay title from May 2024 is one of the easier ones. If you're struggling I would definitely choose this one or Title #3. Both of these essay prompts are specific, but don't require any sort of specialized knowledge or research. TOK Essay Title 2 is a huge challenge, and would be the opposite of this one. ...

  2. TOK Essay Title 1 May 2024 (SUBJECTIVITY) Breakdown & Guide ...

    I got your research, examples, guides, strategy, and notes about TOK Essay Title #1: Is subjectivity overly celebrated in the arts but unfairly condemned in ...

  3. IB ToK Essay Titles and Topics: May 2022

    Here are links to ideas and suggestions relating to the the six May 2022 IB ToK Essay topics: Topic 1. Can there be knowledge that is independent of culture? Discuss with reference to mathematics and one other area of knowledge. Topic 2. To what extent do you agree with the claim that "there's a world of difference between truth and facts".

  4. Example essays

    Further guidance on the TOK essay and exhibition can be found in the IB's Programme Resource Centre (PRC). Materials in the PRC are only available to existing IB World Schools. These materials are free. There are a number of resources on TOK in the IB Store, which are available to everyone. Find out how to become an IB World School.

  5. IB TOK Essay examples

    High scoring IB Theory of Knowledge Essay examples. See what past students did and make your TOK Essay perfect by learning from examiner commented examples!

  6. How to Write a TOK Essay: 15 Steps (with Pictures)

    Download Article. 1. Use your essay outline as a guide. Focus on expanding each section of your outline, keeping in mind the 1200-1600 word limit for the essay. Your introduction and your conclusion should be the shortest paragraphs in your essay, and the body paragraphs should be the longer sections of your essay.

  7. IB ToK Essay Titles and Topics: May 2023

    Here are links to ideas and suggestions relating to the the six May 2023 IB ToK Essay topics: Topic 1. Is replicability necessary in the production of knowledge? Discuss with reference to two areas of knowledge. Topic 2. For artists and natural scientists, which is more important: what can be explained or what cannot be explained?

  8. How to Structure a Theory of Knowledge Essay

    Paragraph 1. - Say one or two interesting things about the prescribed title question. This shows us, right away that you know what the question is asking. - Define one or two of the key terms in the title. Get definitions for all of the main words in your title. You don't need to include all of them in your essay, but it's useful to see how ...

  9. TOK Essay essentials

    Tell students that TOK essay is a "formal, sustained piece of writing" in response to one of six prescribed titles. It is externally assessed, with twice the weighting of the Exhibition. Here are the perennial conventions for the essay: 1. Title must be used "exactly as given" 2. Standard 12 size font—double spaced

  10. Guide to the TOK Essay

    The following formula should better explain how to find your TOK grade. (presentation score) + (essay score * 2) = overall score out of 30. The grade boundaries out of 30 that determine your letter grade can vary each year so checking in with your school for the most recent ones is the best course of action, but an example set would be like ...

  11. EXPLAINED: May 2024 TOK Essay Prescribed Titles

    The titles for May 2024 are released! Here they are below: Make sure to bookmark this page as I explain and provide examples for each of these titles in depth! UPDATE: Title 1, 2, 5 and 6 are now available. Stay tuned for more! For general guidance on how to write a good TOK essay, check out my TOK Essay advice collection.

  12. How To Write A ToK Essay

    Introduce your topic accurately and state your thesis statement for the essay carefully. A thesis statement is like a teaser to your entire essay wherein you define your key terms and introduce your interpretation of the question. Make sure that you do not reword the prescribed title in your thesis. Instead, it needs to, as the word says ...

  13. May 2024 TOK Essay Titles

    May 2024 TOK essay samples. Conclusion. Free topic suggestions. The TOK essay prescribed titles for May 2024 are now available. Understanding these TOK essay prompts is essential for IB students aiming for a successful essay. This is why I'm writing this article with expert suggestions from our IB experts for you. UPD….

  14. Unpacking the 2024 November TOK Titles: A Comprehensive IB Solved Guide

    Unpacking the 2024 November TOK Titles: A Comprehensive IB Solved Guide. The November 2024 IB Theory of Knowledge (TOK) Essay Titles are out! Let's be honest - tackling the TOK essay can be a daunting task. With so many ideas, concepts and topics at our disposal and a myriad of ideas swirling around, it's easy to feel overwhelmed at the outset.

  15. The May 2024 TOK Essay Titles

    Below are the Theory of Knowledge Essay prescribed titles for the May 2024 session.. The video analysis of these titles is available in the member's area--which you can watch using a free trial.(Just click the "subscribe" tab at the top of this page).Click here to watch it now (just login first).. Our just updated TOK Essay Video Course (11 helpful videos) is ready for you as well.

  16. ToK Essay Nov 24

    ToK Essay Nov 24. We have many resources designed to help you to write a great ToK Essay Nov 24. ToKToday resources have been used to great success by hundreds of students in the last 3 exam sessions, these resources have been updated specifically for the Nov 2024 titles, and in response to the latest ToK Examiners reports. 2 / 6.

  17. Unpacking ToK Essay Titles

    For more detailed insights into crafting your ToK essay introduction, refer to the earlier video on this topic. Additionally, the ebook " How to Write the ToK Essay in 6 Easy Steps " and the detailed guidance notes for each Prescribed title in this season offer invaluable assistance in navigating the complexities of ToK essays.

  18. November 2023 TOK Essay Titles Explained with Examples

    The prescribed titles for the November 2023 TOK Essay has been released! Here are all the titles with detailed explanation and examples to get you started: 1. Are facts alone enough to prove a claim? Discuss with reference to any two areas of knowledge. 2. If "the mathematician's patterns, like the painter's and the poet's, must be beautiful" (G.H. Hardy), how might this impact the production ...

  19. May 2023 TOK Essay Prompts + SAMPLES and Suggestions

    The TOK essay can be quite a challenging one to write for most students. Therefore it's extremely important to select a TOK essay topic that suits you better. UPD! November 2023 TOK essay prompts released! Most students struggle with the idea of writing a TOK essay since it can indeed be very tough owing to its different structure.

  20. Good TOK Essay Presentation Topics, Examples and Ideas

    Step 5. Identify alternative angles and approaches to the title. You will already have a few ideas from when you were choosing the title. Each unique approach is a new opportunity to explore the title afresh. Step 6. Create and write down your thesis, clearly identifying your position in relation to the essay title.

  21. May 2024 TOK Essay Titles

    May 2024 TOK Essay Titles With Short Descriptions and Writing Tips. Theory of Knowledge essays are a big deal in the modern IB program. In my long tenure as an IB writer, I've seen countless students stumble, excel, and everything in between regarding these papers. A big part of your success revolves around choosing the correct essay title.

  22. Landing Page V2

    TESTIMONIALS Maximize Your TOK Essay and Exhibition Grade with Our Expert Certified Teachers Dive into the realm of TOK Essays and TOK Exhibition, unlocking a gateway to diverse perspectives and profound wisdom. WhatsApp. ... Essay Topic Breakdown. Each year we breakdown the essay titles with Real life examples and arguments for student's ...

  23. brentnellclassroom

    TOK Essay Topic 4. 4. The traditional TOK diagram indicates four ways of knowing. Propose the inclusion of a fifth way of knowing selected from intuition, memory or imagination, and explore the knowledge issues it may raise in two areas of knowledge. Key Words. Intuition, memory, imagination, knowledge issues, areas of knowledge. Knowledge ...

  24. Read TikTok's legal challenge

    USCA Case #24-1113 Document #2053212 Filed: 05/07/2024 Page 2 of 70 2. That law 1. Congress has taken the unprecedented step of expressly singling out and banning TikTok: a vibrant online forum ...

  25. 5 things to know for May 8: Trump, Gaza, TikTok ban, Storms ...

    1. Trump Adult film star Stormy Daniels dished out salacious details of her alleged sexual encounter with former President Donald Trump in 2006 from the witness stand on Tuesday.

  26. Ukraine will hold if it gets the arms it needs, says a top general

    The general refuses to comment on reports that miscommunication led to the loss of positions, attributing it instead to "insane" pressure, "overwhelming [Russian] air superiority", and an ...