Sounds like a ban would prompt challenges by TikTok and the app stores. What would they likely do?
Any scenario would create opportunities for legal challenges. A law or executive order that targets TikTok could spur a challenge under the First Amendment, Opsahl said. The challenges would be based on previous court rulings that show “code is speech,” Opsahl said. Such rulings include Bernstein v. DOJ, in which the court found a computer scientist had the First Amendment right to publish an encryption algorithm.