Virtual Legality
Virtual Legality
Virtual Legality is a continuing series discussing the law, video games, software, and everything digital, hosted by Richard Hoeg, of the Hoeg Law Business Law Firm (Hoeg Law).
Richard Hoeg

TikTok Sues the US | Can They Stop the Ban? (VL782)

E782 • May 15, 2024 • 91 mins

In this episode, Richard Hoeg dives into the legal complexities surrounding TikTok's ban and its implications on freedom of expression and the limits of congressional authority.

Key Points

  • The Protecting Americans from Foreign Adversaries Controlled Applications Act, enacted by Congress to potentially ban TikTok, is being challenged by TikTok and its parent company ByteDance for being unconstitutional, discriminatory, and not narrowly tailored to address national security concerns.
  • TikTok argues that the act infringes on First Amendment rights by singling out TikTok and ByteDance specifically without evidence of wrongdoing, while offering other companies a process to avoid the ban, and also fails to consider less restrictive alternatives.
  • The lawsuit also contends that the act is a bill of attainder because it targets specific entities, TikTok and ByteDance, without a trial, and violates equal protection by treating them differently from other companies.
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