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Re:Supreme Court rules to uphold TikTok ban, setting stage f... by User23 on Friday January 17, 2025 @04:52PM (#42743652)
IANAL, but my lay opinion is that thanks to the foreign commerce clause this would be a matter of rational basis.

So quite likely Congress could craft such a law and have it hold up, if it could show that foreign control of the NYT (which is incidentally the case) posed a national security concern.

Re:Supreme Court rules to uphold TikTok ban, setting stage f... by twoodfin on Friday January 17, 2025 @05:13PM (#42743834)
IANALE, but any time the exercise of fundamental rights is being constrained, I understand intermediate scrutiny is the floor.
Re:Supreme Court rules to uphold TikTok ban, setting stage f... by User23 on Friday January 17, 2025 @09:25PM (#42745256)
Yes but foreigners have way lower presumption of rights.