The United States recently passed an Act that will prevent Americans from downloading TikTok onto their devices. This move comes along growing national security concerns tied to the Chinese parent company ByteDance. The legislation is another significant step in the ongoing tech-war between the United States and China. TikTok quickly challenged the Act, arguing in front of the Supreme Court that it violates the First Amendment. While the Act undoubtably impacts speech, Volume XLVIII staff editor Sophie DeBiase-Harris explains that its language also raises another constitutional issue: whether the Act is a bill of attainder and therefore unconstitutional. Despite TikTok and ByteDance being singled-out and named explicitly in the Act, TikTok’s lawyers failed to meet the high legal standard required to win a bill of attainder claim.
Read More