Legally it is a very good argument. A law targeting a single company in name or effect is literally unconstitutional. It’s called a “Bill of Attainder”.
The counter argument is indicting Facebook because they never stopped selling information directly to the CCP.
Cool, let’s ban Temu then. Nothing of value will be lost.
In all honesty though, I disagree with banning software, and that includes TikTok. I think it’s a terrible platform and I refuse to use it, but I think we need to solve the underlying problem another way, otherwise we’re just picking and choosing what speech is allowed in this country. The Constitution doesn’t only protect American citizens, it protects everyone.
That said, if we’re going to ban one, let’s ban them all. These apps haven’t provided any tangible value IMO and they’ve arguably caused a fair amount of harm, so I’m not going to die on a hill defending them.
The Constitution doesn’t only protect American citizens, it protects everyone
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
Sure, and we should absolutely indict Facebook. And ideally our government wouldn’t be so corrupt that it could indict our own government agencies from buying information from them in violation of the 1st, 4th, 5th, 6th, and 9th amendments (and probably the 14th).
A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:
The law inflicts punishment.
The law targets specific named or identifiable individuals or groups.
Those individuals or groups would otherwise have judicial protections.
And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.
Also, the tiktok ban was passed alongside a bill outlawing sale of data to China, Iran, Russia, etc. So if FB is still selling to China it is also illegal.
Legally it is a very good argument. A law targeting a single company in name or effect is literally unconstitutional. It’s called a “Bill of Attainder”.
The counter argument is indicting Facebook because they never stopped selling information directly to the CCP.
Cool, let’s ban Temu then. Nothing of value will be lost.
In all honesty though, I disagree with banning software, and that includes TikTok. I think it’s a terrible platform and I refuse to use it, but I think we need to solve the underlying problem another way, otherwise we’re just picking and choosing what speech is allowed in this country. The Constitution doesn’t only protect American citizens, it protects everyone.
That said, if we’re going to ban one, let’s ban them all. These apps haven’t provided any tangible value IMO and they’ve arguably caused a fair amount of harm, so I’m not going to die on a hill defending them.
Uh, no. It doesn’t protect everyone, not by a long shot. The US constitution doesn’t guarantee Chinese citizens, living in China, the right to freedom of the press.
…And this isn’t about which speech they’re allowing. This is about who controls the platform, and how they respond to gov’t inquiries. If TikTok is divested from ByteDance, so that they’re no longer based in China and subject to China’s laws and interference, then there’s no problem. There are two fundamental issues; first, TikTok appears to be a tool of the Chinese gov’t (this is the best guess, considering that large parts of the intelligence about it are highly classified), and may be currently being used to amplify Chinese-state propaganda as well as increase political division, and second, what ByteDance is doing with the enormous amounts of data it’s collection, esp. from people that may be in sensitive or classified locations.
As I stated, if TikTok is sold off so that they’re no longer connected to China, then they’re more than welcome to continue to operate. ByteDance is refusing to do that.
I said Facebook because we know they’re doing it and you’d still have to actually prove that case.
Sure, and we should absolutely indict Facebook. And ideally our government wouldn’t be so corrupt that it could indict our own government agencies from buying information from them in violation of the 1st, 4th, 5th, 6th, and 9th amendments (and probably the 14th).
A US Citizen might be protected by Article 1 Section 9, but courts have adopted a three-part test to determine if a law functions as a bill of attainder:
And unfortunately for the CCP they fail #3 unless the Chinese owners divest and all Chinese centralization for the company gets shut down.
Also, the tiktok ban was passed alongside a bill outlawing sale of data to China, Iran, Russia, etc. So if FB is still selling to China it is also illegal.