An appeals court rejected First Amendment, Fifth Amendment, and other arguments against a law requiring TikTok to be divested from ByteDance or banned.
A law that could ban TikTok in the US doesn’t violate the Constitution, a panel of judges unanimously — and forcefully — ruled on Friday. The decision suggests TikTok, which has evaded attempts at a ban or sale for over four years, really could be forced out of the US, unless its Chinese parent company, ByteDance, sells it off by January 19th.
The court is essentially arguing that violating the First Amendment is necessary to save it, which is absurd.” University of Chicago Law School professor Genevieve Lakier worries the ruling will “turn the First Amendment into Fortress America.” Foreign government manipulation is “worrying,” she writes on Bluesky, but so is domestic government intervention in speech. “The goal of free speech law should be to navigate a pathway these two great dangers.
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