TikTok has promised to sue over the potential US ban. What's the legal outlook?

FILE - The TikTok logo is displayed on a mobile phone in front of a computer screen, Oct. 14, 2022, in Boston. A measure set to force TikTok's parent company to sell the video-sharing platform or face a ban in the U.S. received President Joe Biden 's official sign-off on Wednesday, April 24, 2024. But the newly-minted law could soon face an uphill battle in court. Critics of the sell-or-be-banned ultimatum argue it violates TikTok users' First Amendment rights.

Patrick Toomey, deputy director of the ACLU’s National Security Project, said a TikTok ban would “stifle free expression and restrict public access” to a platform that has become central source for information sharing. “Many of the calls to completely ban TikTok in the U.S. are about scoring political points and rooted in anti-China sentiment,” Toomey added. “And to date, these steps to ban TikTok had not been remotely supported by concrete public evidence.”

Toomey maintains that the government hasn't met the high bar required to prove imminent national-security risks, but some other legal experts note that it's still a strong card to play. But national-security arguments are also vulnerable to questioning as to why TikTok is getting specific scrutiny.

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