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.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.Forcing TikTok to shut down its American operations over unspecified national security concerns would represent a violation of the First Amendment, according to six legal scholars surveyed by NPR.
"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."TikTok's 'Project Texas' could be a major issue
"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. Douglas Laycock, a constitutional law expert at the University of Virginia, said the government will likely try to make the case that this is a"content neutral" regulation of a business owned by a foreign adversary that poses a national security threat to the U.S., not a case about censoring speech.
One thing that would bolster the government case, Laycock said, is"a showing that the sale of TikTok, with its algorithm, is entirely workable," he said,"and that any obstacles to a sale are just ByteDance deliberately refusing to comply and sabotaging the law."
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