Mark MacCarthy argues that although the TikTok law is imprudent policy, courts shouldn’t overturn it on First Amendment grounds. https://www.lawfaremedia.org/article/the-tiktok-ban-is-terrible-but-courts-should-not-overturn-it-as-unconstitutional
@lawfare What? Ridiculous. Based on his argument, he just doesn't much care for free speech rights in general.
The law is blatant viewpoint discrimination. Anyone who believes in freedom of speech can see that.
@lawfare This is also ridiculous.
Congress couldn't even enumerate or prove any national security concerns for the court to consider. It was passed on vibes.
But more importantly, it shouldn't be the court's job to second-guess Congress. It's their job to impartially uphold the constitution. If Congress passes an unconstitutional law, the court should strike it down. Period.
Finally, the idea that the court would ignore our constitution to kill a company just because it's foreign-owned would be a *far* worse precedent to set, as even a layperson could clearly see.
Just a completely absurd take overall.
