TikTok says the divest-or-ban law is unconstitutional because Congress ignored less extreme options that would also protect national security interests.
TikTok says that the government didn’t adequately consider viable alternative options before charging ahead with a law that could ban the platform in the US. TikTok, whose parent company ByteDance is based in China, claims that it provided the US government with an extensive and detailed plan to mitigate national security risks and that this plan was largely ignored when Congress passed a law with a huge impact on speech.
” Courts usually apply a standard known as strict scrutiny in these kinds of speech cases — the government must have a compelling interest in restricting the speech, and the restriction must be narrowly tailored to achieve its aim. TikTok claims that Congress has left the court “almost nothing to review” when scrutinizing “such an extraordinary speech restriction.
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