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TikTok sues U.S. government, saying potential ban violates First Amendment
The company argues that invoking national security concerns is not a sufficient reason for restricting free speech.
“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.” A TikTok creator holds a sign supporting the company during a news conference outside the Capitol on March 22, 2023.Nathan Howard / Bloomberg via Getty Images file“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 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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