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.

If upheld, legal experts also stress that the law could set a precedent carrying wider ramifications for digital media in the U.S.Tennessee lawmakers join movement allowing some teachers to take guns into schoolsThat’s the central question. TikTok and opponents of the law have argued that a ban would violate First Amendment rights of the social media platform’s 170 million U.S. users.

ByteDance had yet to officially file a lawsuit by late Wednesday, but Bietti said she expects the company’s challenge to primarily focus on whether a ban infringes on these wider free-speech rights. Additional litigation involving TikTok’s “commercial actors,” such as businesses and influencers who make their living on the platform, may also arise, she added.TikTok is expressing confidence about the prospects of its planned challenge.

The battle could also string along for some time, with the potential for appeals that could go all the way to the Supreme Court, which would likely uphold the law due to its current composition, said Gus Hurwitz, a senior fellow at the University of Pennsylvania’s Carey Law School.TikTok’s legal challenge won’t go on without a fight. The government will probably respond with national-security claims, which were already cited prominently as the legislation made its way through Congress.

Hurwitz added that he thinks there are legitimate national-security arguments that could be brought up here. National security can be argued because it’s a federal measure, he added. That sets this scenario apart from previously unsuccessful state-level legislation seeking to ban TikTok,

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