this post was submitted on 08 May 2024
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This is the best summary I could come up with:
“For the first time in history, Congress has enacted a law that subjects a single, named speech platform to a permanent, nationwide ban,” TikTok wrote in the lawsuit, “and bars every American from participating in a unique online community with more than 1 billion people worldwide.”
John Moolenaar, R-Mich., the chairman of the House Select Committee on the Chinese Communist Party, said: “Congress and the Executive Branch have concluded, based on both publicly available and classified information, that TikTok poses a grave risk to national security and the American people.
“The statements of congressional committees and individual Members of Congress during the hasty, closed-door legislative process preceding the Act’s enactment confirm that there is at most speculation, not ‘evidence,’ as the First Amendment requires,” the lawsuit states.
TikTok further claims the law violates the right to due process under the Fifth Amendment and is an unconstitutional bill of attainder — or a legislative act declaring a party guilty of a crime, and imposing a punishment for it, without trial.
If the law remains in place, the lawsuit stated, it would enable the federal government to invoke national security and force the publishers of other platforms, including news sites, to sell or be shut down.
“TikTok has prevailed in its previous First Amendment challenges, but the bipartisan nature of this federal law may make judges more likely to defer to a Congressional determination that the company poses a national security risk,” Hans said.
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