WASHINGTON — The US government set up a likely court showdown over the scope of TikTok's free speech protections under the US Constitution after President Joe Biden signed legislation on Wednesday (April 24) to ban the social media platform from app stores unless its Chinese owner sells...
WASHINGTON — The US government set up a likely court showdown over the scope of TikTok's free speech protections under the US Constitution after President Joe Biden signed legislation on Wednesday to ban the social media platform from app stores unless its Chinese owner sells it.
Legal experts said opponents of the law could argue it infringes on free speech by preventing users from expressing themselves and businesses from using the app to promote products. A court that agrees with that assessment would apply strict scrutiny, meaning the government would have to prove it has not violated speech rights under the Constitution's First Amendment and that there are no lesser ways to achieve the government's national security goals.
Legal experts said if the government winds up fighting a First Amendment case under the strict scrutiny standard, it must prove national security or some other compelling government interest is at stake. It will also have to prove the law was"narrowly tailored" to address that particular issue. The Electronic Frontier Foundation's David Greene said that if the US were really concerned about China and data privacy, it would push legislation that applies to all social media companies, not just TikTok.
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