Congress has taken the unprecedented step of expressly singling out and banning TikTok, a vibrant online forum for protected speech. The Act is deemed unconstitutional as it is the first law to subject a single named speech platform, TikTok, to a permanent, nationwide ban.
The Act's sponsors depicted the law as a regulation of TikTok's ownership, not a ban. It offers ByteDance Ltd. a choice: divest TikTok's U.S. business or be shut down. However, in reality, there is no real choice in this matter.
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