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"By banning TikTok with no notice or opportunity to be heard (whether before or after the fact), the executive order violates the due process protections of the
by zadkey 6y ago
"By banning TikTok with no notice or opportunity to be heard (whether before or after the fact), the executive order violates the due process protections of the Fifth Amendment."
The 5th amendment rights that they are asserting apply to people.
This brings us back to the question of "Are corporations people?"
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
- ghayes 6y agoThe 14th Amendment expands the scope of the 5th Amendment by clarifying when and how Due Process must be applied. The Court has generally expanded the scope over the last 200 years, and I do not think TikTok will have to seriously argue whether or not Constitutional due process applies in this case. The arguments should mostly lie in whether or not Due Process was applied and likely more on the application of Federal law in the case.