Weighing national security against the First Amendment
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While TikTok hasn't yet revealed how it plans to challenge the law, experts anticipate its arguments will largely hinge on the First Amendment, and the company has hinted at free expression issues in its messaging. In a video addressing TikTok users after Biden signed the foreign aid package that included the legislation, TikTok CEO Shou Chew called it 'a ban on TikTok and a ban on you and your voice.'
The missing piece many members of the public have waited for is clear evidence of the kinds of risks to US TikTok users that lawmakers have seen in their classified briefings, especially since those briefings seem to have convinced them to vote for the bill. But the public has remained in the dark about the specifics of the national security risks that the intelligence community believes are generated by the app.