If the TikTok "ban" bill passes, will its enforcement be blocked by courts?
196
11kṀ300k
resolved Jan 18
Resolved
NO

background: https://apnews.com/article/tiktok-ban-bytedance-bill-divest-5b5a685e8f1e19d22182d62526bf19b8
https://www.reuters.com/world/us/bytedance-tiktok-divestment-bill-would-give-government-stronger-legal-position-2024-03-08/

possible challenges:
1. It's effectively a bill of attainder effecting arbitrary punishment on one particular company. Bills of attainder are prohibited.
2. Social media is protected by the first amendment -- the government can't just order a newspaper to shut down, or order it to sell to new owners, and a social media app is no different. Foreigners have the right to publish stuff in the US. Even if that incidentally involves collecting info about their customers that the foreign government might someday require them to hand over.

Resolves N/A if the bill doesn't pass. Resolves NO if the bill is enforced. Resolves YES if the enforcement is blocked by courts. Remains open while the appeals process is pending.

outside view: 1 out of 1 previous attempt to do this (trump's) was blocked by courts.

Possible clarification from creator (AI generated):

  • A temporary injunction/stay that is still in place when the law is repealed counts for a YES resolution

  • A temporary injunction that is later removed or successfully appealed is not sufficient for a YES resolution

  • If Congress repeals/modifies the law while an injunction is still in place, mooting the lawsuit, that counts for a YES resolution

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