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Created March 24, 2023 03:44
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Should TikTok be banned or broken up?
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tt.md

The platform should not be banned on the basis of content because

  1. it not a forum owned by the US government
  2. it is not a forum broadcast over "the public airways" like television and radio that are "affected with the public interest" under the existing scheme of licencing
  3. it is not a forum delivered via a common carrier licensed and regulated under the Commerce Power The platform type may be subject to reasonable time, place and manner regulation as to content and to consumer protection regulation as to terms of service in a manner applicable to similar business

The platform should not be banned up

  1. On the basis of foreign ownership or control without a rationale to distinguish other enterprises operating in the United States also under foreign ownership or control
  2. On the basis of the specific foreign ownership or control that involves no authorization for the imposition of sanctions based on some statutory authority of general applicability that involves specific enumerated conduct such as, for example, state sponsorship of terrorism The platform may be broken up on the basis of violation of antitrust laws such as maintaining a monopoly through unlawful means of competition
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