Legal experts say a TikTok ban without specific evidence violates the First Amendment

TikTok sued the Biden administration in response to a new law that bans the video app in the U.S. unless it is sold in the next 12 months.

"The First Amendment places the burden on the government to demonstrate that the harms are real and that their response will actually mitigate those harms," Douek said."To date, the government has not met this bar in the public domain, at least with respect to TikTok.""This legislation addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations," the Justice spokesperson said.

"I find this especially implausible in light of TikTok's own good faith effort — Project Texas — to address the government's stated fears," said Ryan Calo, a professor in the University of Washington's School of Law. The government will have to show how exactly Project Texas was an inadequate solution, said the University of Washington's Calo.

"TikTok is host to an enormous global community that the app's creators and users in the United States could not readily reach and engage with elsewhere online."In its suit, TikTok said divesting from ByteDance is"not commercially, not technologically, not legally" possible.

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