TikTok Measure Passed by House Is Unconstitutional in Multiple Ways
Is TikTok’s time finally up? On Saturday, the House of Representatives passed a measure that would require a change in the app’s ownership or ban it if that doesn’t happen.
Called the Protecting Americans from Foreign Adversary Controlled Applications Act, it’s essentially the same divestiture-or-ban bill I wrote about in this newsletter back in March, now tucked into a larger bill (H.R. 8038, the insanely named 21st Century Peace through Strength Act) that deals with everything from fentanyl trafficking to Russian sanctions, Iranian petroleum, Hamas, and boatloads of foreign aid.
The most talked-about part of the Protecting Americans from Foreign Adversary Controlled Applications Act would ban TikTok unless it completely breaks ties with its Chinese parent-company, ByteDance, within 270 days.
But the bill goes far beyond TikTok, and could be used to justify a ban on all sorts of popular apps tied to China, Russia, Iran, or any other country that gets deemed a foreign adversary.
Specifically, the bill makes it illegal “to distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application.” And the bill’s definition of “foreign adversary controlled application” is really broad.
It specifically defines TikTok, ByteDance, and subsidiaries or successors thereof as foreign adversary controlled applications.
The definition would also apply to an array of websites, apps, and “augmented or immersive technology” (with a focus on large social media entities), if they are headquartered in, principally based in, or organized under the laws of a foreign adversary country or if any person or entity with at least a 20 percent stake is based there.
And it would grant the president broad power to determine who meets this bill, opening the measure up for all sorts of potential abuse.
There are multiple ways in which this legislation likely violates the Constitution.
The most obvious constitutional problem is the First Amendment. The bill suppresses the free speech rights of Ameri
Article from Reason.com
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