US Wants to Ban TikTok, but First Amendment Demands Stronger Case on National Security

The House voted 352-65 a week ago to pass the Protecting Americans from Foreign Adversary Controlled Applications Act. It would prohibit the distribution, maintenance or updating of TikTok or another designated app "controlled by a foreign adversary" within 180 days of the bill's enactment unless there's a "qualified divestiture" - a sale approved by the government's executive branch. The proposal raises concerns for the speech rights of 170 million American users if the government's actions require a sale or an outright ban of TikTok. Notably, unlike past proposals, the bill is not an immediate ban but rather provides an option for a sale or divestiture approved by the government. The distinction between a straightforward "TikTok ban" and a forced sale or divestment might not impact users if a sale is unable to occur.