Prof. Alan Rozenshtein Quoted in Rolling Stone About the Likelihood of a TikTok Ban
Prof. Alan Rozenshtein was quoted in Rolling Stone about the TikTok hearing last week and the potential ban of the app. TikTok creators and influencers see TikTok as a unique — and irreplaceable — platform for discovery and expression, and for making a living and driving small business. They’re seeking to overturn the law that bans the app, passed in April. Judges on the D.C. Circuit Court of Appeals heard oral arguments in the creators’ case along with two other consolidated lawsuits against the government over the ban. Both sides of the case have requested a ruling by December 6, and whichever side comes out on the wrong side of that ruling is expected to appeal to the Supreme Court — which could stay the law until it’s able to rule. Prof. Rozenshtein is skeptical that the D.C. Circuit Court of Appeals — or, ultimately, the Supreme Court — will prevent such a law from taking effect. He believes the case will come down to Congress’ power to legislate in the interest of national security, and notes that the courts tend to defer to the political branches on such matters. “I think this is a pretty serious law written by pretty serious people through a pretty serious process, passed in an overwhelming fashion, and it is just extremely hard to convince a court to then strike that law down and take ownership [of the consequences].”