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What it will take for TikTok to survive in the US
TikTok is barreling toward a potential ban on January 19th.
But given how easily judges on the DC Circuit Court reached their conclusion that the law could survive even the highest threshold of First Amendment scrutiny, legal experts say TikTok could face a difficult path to victory. The Supreme Court agreed to evaluate whether the Protecting Americans from Foreign Adversary Controlled Applications Act, which passed by a wide margin last year, violates the First Amendment when applied to TikTok. Cardozo School of Law professor Saurabh Vishnubhakat says the makeup of the DC Circuit panel — consisting of judges appointed by presidents of both parties — may “represent a pretty good cross-section of how the current composition of the Supreme Court might also approach this.” While he says “it’s not a perfect mapping,” it’s close enough to make him believe the justices will agree that the executive and legislative branches’ national security justifications are compelling.
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