"Banning the app - or any like it - would likely still be challenged under the First Amendment. It's important to keep in mind the Berman Amendment under IEEPA is a proxy for the First Amendment. Even if it's sidestepped, greater legal questions remain," said John Costello, who oversaw the creation of the office at the Commerce Department to examine certain foreign technology for national security threats.
Meanwhile, the executive order forcing a divestment remains mired in negotiations between TikTok and the Biden administration over a potential national security agreement that could resolve the concerns prompting the ordered sale.
Read the full story and more from Reuters.