I'm pretty sure a court will apply strict scrutiny. TikTok, for example, points to the fact that there is a speaker-based discrimination. 16/

Speculation of harm does not demonstrate the compelling interest in national security protection to justify law. 17/

The Biden Campaign's apparent hypocrisy in continuing to campaign on the app while the Biden Administration moves to effectively ban it will be used against the TikTok Law. 18/

Lamont v. Postmaster General enters the room. I wrote about it 2020 during the First TiKTok Ban: wired.com/story/opinion-… 19/

Available alternatives showing TikTok Law wasn't narrowly tailored include: bill governing transfer of Americans' sensitive data to foreign countries. 20/

Alternative include Digital Services Act-type disclosure obligations. 21/

TikTok argues the Law is underinclusive, permitting a wide range of activities that might undermine security by other companies--thus raising question as to why TikTok is targeted. 22/

This is a very clever point--one I haven't seen elsewhere: The act only targets companies that allow users to post information--not on companies engaged in data surveillance activities more generally. 23/

The weird exception for product review websites is called out repeatedly. 24/

Some of source code development continuing in China, even post-Project Texas, is compared to routine operations of many U.S. companies that have software development in China or employ Chinese nationals. (Wait till Chinese nationals are banned from U.S. software development!) 25/

Foreign propaganda is everywhere--newsflash, everyone! (By the way is RT gone from all U.S. cable networks?) 26/