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Headline : Can the First Amendment Save TikTok?

Read more from the original article on here at www.wired.com.



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Tags : #can #first #amendment #save #tiktok



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On Wednesday, President Joe Biden signed a law that could effectively ban TikTok if the company does not divest from ByteDance, its Chinese owner, in the next 12 months. But the law, which sped through the House and Senate, could face a significant uphill battle in US courts for potentially violating the First Amendment rights of both the company and its users.

In a statement, a TikTok spokesperson said โ€œthis unconstitutional law is a TikTok ban, and we will challenge it in court. We believe the facts and the law are clearly on our side, and we will ultimately prevail.โ€

TikTok has argued that prior attempts to ban the app ran afoul of the First Amendment. Last year, the state of Montana passed a TikTok ban that was blocked by a federal judge before it could go into effect. US District Judge Donald Molloy wrote that TikTok โ€œhad established a likelihood of irreparable harmโ€ if the ban was enacted, both to the First Amendment rights of its users and to the ability of creators to make money.

Some experts say that the federal government could run into some of these same traps.

Read more from the original article on here at www.wired.com.


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