TikTok to Advance 4 Distinct Constitutional Issues Against Bill Banning the App

In the challenge to the law that would shut down TikTok in the U.S. or force parent ByteDance to sell the social media giant, TikTok and ByteDance submitted a statement of issues June 6 to the U.S. Court of Appeals for the D.C. Circuit (TikTok v. Merrick Garland, D.C. Cir. # 24-1113).

TikTok said it will challenge the Protecting Americans From Foreign Adversary Controlled Applications for violating the First Amendment; the Constitution's bill of attainder clause, which allows the legislature to impose punishments without trial; and the Fifth Amendment's due process protection and its takings clause, which says property can't be taken without just compensation. The fifth issue is on whether the court should "declare the Act unconstitutional and enjoin its enforcement," the statement said.

TikTok last month filed its suit, along with a group of TikTok users, against the law (see 2405070049). The appellate court recently granted an expedited hearing in the lawsuit, setting up briefing to end Aug. 15 (see 2406040016).