Major Hurdles for the American TikTok Ban
Buckle up for litigation
I predicted over a year ago that TikTok would get banned or divested, but there would be major hurdles. A TikTok ban would face an outcry from the 100+ million Americans who use it and legal challenges that may be difficult for the government to overcome.
That did not stop the U.S. House of Representatives from passing it last week with a strong bipartisan majority. A rarity these days!
I read the bill and if implemented as law, it would ban “foreign adversary controlled applications” (i.e., TikTok) unless they divest. Therefore, if TikTok’s Chinese-controlled parent, ByteDance, does not divest its stake in the popular social media app, TikTok will be banned in America.
A boon for Instagram Reels and YouTube Shorts!
My prediction: ByteDance initially refuses to divest or submit to the ban. They will likely choose a third option: litigation.
Let’s discuss the litigation issues.
Balancing national security against the First Amendment rights of TikTok users
At its core, any lawsuit brought by ByteDance to challenge a ban/divestiture will argue that its First Amendment rights, along with those of its millions…
