The President is invoking national emergency powers in response to concerns about data privacy on TikTok because of its Chinese parent company, but experts say his actions flout the First Amendment.
POTUS is invoking national emergency powers in response to concerns about data privacy on TikTok because of its Chinese parent company, but experts say his actions flout the First Amendment.
TikTok on Aug. 7 issued a statement saying that it was shocked by the order and it would take the matter to court if necessary. TikTok previously said that it stores the data of its American users on servers in the U.S. and Singapore. It also promised to open a transparency center in Los Angeles where it would provide more context on how it moderates the content that appears on its app. Though many users use TikTok to dance, tell jokes and cook, some use it as a political platform.
In order to invoke the IEEPA, he'd have to declare a national emergency.
"If the effect of it is to make it illegal for U.S. persons to use TikTok that raises serious First Amendment concerns," he says."When people use TikTok they’re speaking. It’s also a serious First Amendment issue if it would make it illegal for the app stores to distribute TikTok. The app stores themselves have a First Amendment right to distribute speech and the apps themselves are speech.
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