The U.S. government set up a likely court showdown over the scope of TikTok's free speech protections under the U.S. Constitution after President Joe Biden signed legislation on Wednesday to ban the social media platform from app stores unless its Chinese owner sells it. While the bill itself does not say anything about speech, the measure has alarmed civil rights advocates, TikTok and users of the app who could all sue to block it.
TikTok has already beaten a similar attempt to ban its use in Montana, although the U.S. state is appealing that ruling. The bill's promoters have argued it has nothing to do with speech but merely regulates a commercial activity by requiring TikTok's Beijing-based owner ByteDance to sell the U.S. operations within about a year, denying China easy access to users' data.
Critics spot a weakness in the government's potential case on this point: Washington thus far has seemed unconcerned about abuse of users' data by other social media platforms. The government would need to convince a court the measure is not a limitation on speech but a regulation of a commercial transaction and a way to protect national security.
Source: Law Daily Report (lawdailyreport.net)
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