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ABeeSea | 2 years ago

That’s just being pedantic. The constitution explicitly bans bills of attainder so any law targeting a specific person or company will be struck down.

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dragonwriter|2 years ago

> The constitution explicitly bans bills of attainder so any law targeting a specific person or company will be struck down.

The law must be both specific and punitive to be a bill of attainder. A law can nonpunitively regulate a “class of one” without being a Bill of Attainder. See, Nixon v. Administrator of General Services, 433 U.S. 425 (1977). [0] So, it is not quite accurate that “any law targeting a specific person or company will be struck down”.

OTOH, a “TikTok ban” based on asserted prior misconduct would pretty surely be seen as punitive.

[0] https://www.law.cornell.edu/supremecourt/text/433/425

epylar|2 years ago

Not necessarily. Only if the Supreme Court hears the case and agrees.

cbsmith|2 years ago

Lower courts can rule on it and provide injunctions. If it is appealed and the Supreme Court hears it, then it matters if they agree or not.