The Biden administration has worked to distance itself from past ill-fated
TikTok ban attempts. Legal scholars say the new law might be just as legally flawed.
But the law could be weakened, others said, by the fact that the United States does not ban foreign ownership of U.S. media companies. The Federal Communications Commission voted in 2013 to relax its long-standing rule concerning foreign investment in radio and TV.
The First Amendment means that the government can't restrict Americans' access to ideas, information, or media from abroad without a very good reason for it - and no such reason exists here,' said Jameel Jaffer, executive director of the Knight First Amendment Institute at Columbia University.