Prof G Markets: (HBO) Max, Chipotle & Cava’s IPO, Private Equity’s Public Sales, and the TikTok Ban

Legal Hurdles

Montana's TikTok ban faces significant legal challenges, primarily due to its interference with interstate commerce and foreign policy, both of which are federal domains. The ban threatens fines for app store operators and TikTok, but users are exempt, raising questions about its enforceability. Legal analysts predict the ban will be struck down, as it oversteps constitutional boundaries reserved for the federal government, such as managing interstate commerce and foreign policy 1.

The US should speak with one voice when it communicates outside. If we had 50 different governments, all managing their own little mini foreign policies, it would be something of a mess.

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Additionally, the ban is criticized for potentially being a bill of attainder, a legislative act that punishes without trial, which is unconstitutional 2.

   

Constitutional Concerns

The TikTok ban also raises constitutional concerns regarding free speech and property rights. TikTok is a major platform for communication, and banning it could be seen as an unnecessary burden on free speech, as courts are wary of government attempts to limit expression 3. Moreover, TikTok accounts represent valuable property for many users who generate income through the platform, and the ban could infringe on their property rights without due process or compensation.

The constitution was put in place in substantial part to protect property rights from government intrusion.

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These issues highlight the complexity of enforcing such bans and the potential for legal challenges to succeed 4.