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TikTok, Inc. v. Garland

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TikTok, Inc. filed a complaint in federal court challenging the constitutionality of a law that gives TikTok’s China-based parent company, ByteDance, up to nine months to sell the company or face a ban from app stores in the US. The Protecting Americans From Foreign Adversary Controlled Applications Act (H.R. 7521) passed Congress and was signed by the President in April 2024.

TikTok's complaint argues that the "qualified divestiture" required by the act is "not possible: not commercially, not technologically, not legally. And certainly not on the 270-day timeline required..." Moreover, the law is an "extraordinary and unconstitutional assertion of power" that "circumvent[s] the First Amendment by invoking national security." It also argues that in "contrast with past enactments that sought to regulate constitutionally protected activity, Congress enacted these extreme measures without a single legislative finding."

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