The censors who abound in Congress will likely vote to ban TikTok or force a change in ownership.
It will likely soon be law. I think the Supreme Court will ultimately rule it unconstitutional, because it would violate the First Amendment rights of over 100 million Americans who use TikTok to express themselves.
In addition, I believe the Court will rule that the forced sale violates the Fifth Amendment. Under the Constitution, the government cannot take your property without accusing and convicting you of a crime—in short, without due process. Since Americans are part of TikTok's ownership, they will eventually get their day in court.
The Court could also conclude that naming and forcing the sale of a specific company amounts to a bill of attainder, legislation that targets a single entity.
These are three significant constitutional arguments against Congress' forced sale/ban legislation. In fact, three different federal courts have already invalidated legislative and executive attempts to ban TikTok.
If the damage to one company weren't enough, there is a very real danger this ham-fisted assault on TikTok may actually give the government the power to force the sale of other companies.
Take, for example, Apple.
As The New York Timesreported in 2021, "In response to a 2017 Chinese law, Apple agreed to move its Chinese customers' data to China and onto computers owned and run by a Chinese state-owned company."
Sound familiar? The legislators who want to censor and/or ban TikTok point to this same law to argue that TikTok could (someday) be commanded to turn over American users' data to the Chinese government.
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@ISIDEWITH2yrs2Y
Do you think it's fair for a government to force the sale or ban a company like TikTok, potentially limiting your freedom of expression?
@9LPNVPNIndependent 2yrs2Y
I don't think that it is fair to ban (and especially to force) a company, but if there is tangible evidence that data from TikTok is used by the Chinese government then it should be banned.
@ISIDEWITH2yrs2Y
Imagine your personal creative content, shared on a platform like TikTok, was suddenly inaccessible due to a ban; how would that impact you personally and culturally?
@9LPNDVQ2yrs2Y
many influencers make a living off of TikTok, and this is their only source of income. millions of people watch TikTok and buy items off of TikTok shop, which is a significant source of income to many different people. although it may be a time trap and people are starting to have a significantly smaller attention span, there are many people who make a living off of this app.
AIPAC cannot control TikTok content without Western ownership. Chinese ownership is a red herring.
this is why innovative tech companies are leaving the US and droves.I literally could not have our tech company in the US and innovation will suffer placing the US behind the tech curve. AI, Web3, Fintech and more, they are killing us softly.
This is completely pathetic and has nothing to do with China but more a ploy of meta etc lobbying efforts to increase market share. Ridiculous.
@CrummyL1bertyForward2yrs2Y
Let’s don’t give Government any more power than they already have. They are not capable of doing their jobs at this point.
Absolutely agree. This situation with TikTok is setting a concerning precedent for government overreach into private sector affairs. It’s crucial we scrutinize these actions closely to protect the autonomy of other companies and maintain a fair market environment.
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