ByteDance has strong free speech case against TikTok ban, attorneys say

May 8, 2024Media Mention
Daily Journal

Doug Mirell, litigation partner and First Amendment expert, was featured in the Daily Journal article discussing the constitutional hurdles the U.S. government will confront in justifying the law requiring the divestment or ban of TikTok.


"Certainly from a First Amendment standpoint, I think there's a viable claim that the government will have difficulty surmounting," said Douglas E. Mirell, a partner at Greenberg Glusker Fields Claman & Machtinger LLP. While the articulated reason behind the proposed TikTok ban is national security concerns, Congress has not produced a single legislative finding indicating that the relationship between ByteDance and the Chinese government poses a threat to U.S. interests, Mirell continued.