First Amendment Implications

The potential First Amendment violations surrounding the federal government's divest or ban order against TikTok are significant. This case raises questions about whether the law harms not only TikTok as a company but also American users who rely on the platform for communication and expression. The Supreme Court previously recognized that algorithmic platforms are protected under the First Amendment, meaning that forcing TikTok to divest from its parent company, ByteDance, could deprive users of their right to receive information from around the globe. Therefore, this law creates a dilemma where TikTok users could lose access to a vital speech platform simply due to the business relationships initiated between companies across national borders.