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CRITICALLaw Passed2024-04-24 · United States

US Congress Passes TikTok Divest-or-Ban Law — Signed by Biden

The US Congress passed, and President Biden signed, legislation requiring ByteDance to divest TikTok's US operations within 270 days or face a US ban. TikTok challenged the law in federal court arguing it violated First Amendment free speech rights by discriminating against a specific speaker based on its content. The DC Circuit upheld the law in December 2024; the Supreme Court unanimously upheld it in January 2025. The law represented the most significant government action to restrict a major speech platform in US history — critics noted the First Amendment implications of government banning a platform used by 170 million Americans for expressive activity.

Tags

TikTokByteDanceplatform-banfirst-amendmentnational-securityUSsupreme-court

Sources

https://www.congress.gov/bill/118th-congress/house-bill/7521https://www.supremecourt.gov/opinions/24pdf/24-656_b97c.pdfhttps://www.aclu.org/press-releases/aclu-statement-supreme-court-upholding-tiktok-banhttps://www.eff.org/deeplinks/2024/04/tiktok-divest-ban-bill-wrong-approach
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