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D.C. Circuit Rules to Enforce TikTok Ban
The court denied three petitions challenging the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act.
Published by The Lawfare Institute
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On Dec. 6, the U.S. Court of Appeals for the D.C. Circuit ruled to deny three petitions aiming to challenge the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act—which bans TikTok in the United States, set to take effect on Jan. 19, 2025.
Writing the decision, Senior U.S. Circuit Judge Douglas Ginsburg explained that the court rejected each petitions’ constitutional claims because
the parts of the Act that are properly before this court do not contravene the First Amendment to the Constitution of the United States, nor do they violate the Fifth Amendment guarantee of equal protection of the laws; constitute an unlawful bill of attainder, in violation of Article I, § 9, clause 3; or work an uncompensated taking of private property in violation of the Fifth Amendment.
You can read the decision here or below:
Katherine Pompilio is an associate editor of Lawfare. She holds a B.A. with honors in political science from Skidmore College.
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