Can the First Amendment Save TikTok?

On Wednesday, President Joe Biden signed a law that could effectively ban TikTok if the company does not divest from its Chinese owner ByteDance in the next twelve months. But the law, which sped through the House and Senate, could face a significant uphill battle in US courts for potentially violating the First Amendment rights of both the company and its users. In a statement, a TikTok spokesperson said “this unconstitutional law is a TikTok ban, and we will challenge it in court.

In 2020, former President Donald Trump issued an executive order to ban the app, calling it a threat to the “the national security, foreign policy, and economy of the United States.” In 2023, Democratic Senator Mark Warner introduced the Restrict Act, which would allow the office of the commerce secretary to review and ban certain apps.

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