So, Are We Gonna Ban TikTok, Or…?

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

It has been 373 days since Congress enacted the TikTok divest-or-ban law, 105 days since the Supreme Court unanimously upheld the law as constitutional, and over three months since the ban was scheduled to take effect. Yet except for a brief Inauguration Day interruption, the Chinese-controlled app has been, and remains, readily available in the United States, collecting data on 170 million Americans—data that could potentially be exploited by foreign adversaries.

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Sixth Circuit Strikes Net Neutrality in Victory for Tech, Administrative Law

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.


My fellow tech policy enthusiasts, our long national nightmare is over. Last week, the Sixth Circuit brought an end to the decade-long fight over net neutrality by prohibiting the Federal Communications Commission (FCC) from applying Title II common carrier regulation to broadband providers. The decision is a victory for tech policy, freeing Internet access from the shadow of overbearing regulation. It’s also a win for administrative law, as it aligns with the Supreme Court’s guidance that courts, not agencies, should resolve disputes over statutory interpretations. The ruling reaffirms the principle that important policy decisions should be made by Congress, not by agencies under the guise of interpreting ambiguous statutes.

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What’s Next After Court Upholds TikTok Ban

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.


Last week, the DC Circuit Court of Appeals upheld the TikTok divest-or-ban bill against a constitutional challenge. The result was unsurprising given how poorly TikTok fared at September’s oral argument. The decision itself contains many intriguing legal insights at the nexus of national security and free speech. This post examines the Court’s First Amendment analysis and explains why, despite the loss, the popular but problematic platform is unlikely to be shut down.

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TikTok’s No Good, Very Bad Day in Court

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in the AEIdeas Blog.

have previously discussed the First Amendment implications of a potential TikTok ban. Removing TikTok from US markets implicates not just the speech rights of TikTok US—an American subsidiary of China-based ByteDance—but also those of its 170 million American users, many of whom actively create content on the platform. To prevail, the government must demonstrate that the ban furthers an important governmental interest unrelated to free expression and that it does not substantially burden more speech than necessary to achieve that interest. The latter is particularly challenging, which is why courts enjoined earlier bans on TikTok and WeChat.

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The House TikTok Ban is an Empty Threat

This guest post by BC Law Professor and Associate Dean of Academic Affairs Daniel Lyons first appeared in TIME, and was reposted in the AEIdeas Blog.


Last month, the House of Representatives proudly voted to ban TikTok unless its corporate parent sells the app within six months. But proponents eager to strike a blow against the Chinese government might not celebrate just yet. There are three main problems with the proposed TikTok ban: it’s probably unconstitutional, it’s practically unenforceable, and, even if it worked, it wouldn’t solve the problem of China gathering sensitive data about American users.

Other than that, it’s fine.

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What to Do About TikTok?

Today’s post by BC Law professor and associate dean for academic affairs Daniel Lyons originally appeared on the American Enterprise Institute (AEI) AEIdeas blog. You can view the post here.


By Daniel Lyons

TikTok CEO Shou Zi Chew recently testified before Congress in a hearing ostensibly asking “How Congress Can Safeguard American Data Privacy and Protect Children from Online Harms.” In reality, the five-hour session more closely resembled Grandpa Simpson shaking his fist at clouds than a nuanced discussion of cybersecurity. There appears to be a growing, bipartisan consensus that Congress should do something about the popular social media platform. But before deciding what should be done, legislators must discern what precisely are the unique policy challenges that TikTok presents.

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Check out the BC Law Ski Trip on TikTok

Each February, The Law Student Association holds a beloved annual tradition at BC Law: ski trip. Dozens of students head to the mountains in Killington, Vermont, to bunk up together in condos and hit the slopes before finding great restaurants and bars at night to socialize.

This year, we featured the ski trip on our brand new TikTok channel. Check that out–and all the rest of our great content on the channel!


Go to @bclawonline for more TikTok content from BC Law, from faculty talking about the latest legal news to a day-in-the-life of students.

How to Leverage Social Media as Your Professional Brand

Editor’s Note: BC Law is launching a TikTok channel! Follow us @bclawonline.


You can’t BeReal if you’re in law school. 

Wipe your social media — make a pseudo Instagram handle, private your Twitter, and maybe even delete your Facebook if you’re feeling up to it. This is the advice commonly distributed to incoming law students and applicants alike across online law school forums. 

This advice is understandable these days, since employers Google everything, and law students have character and fitness standards to follow in order to be eligible to graduate and take the bar. This privatization movement strikes at the heart of #LawTok, though. 

#LawTok is a TikTok hashtag categorizing videos dedicated about — you guessed it — the legal field. #LawTok videos range from videos about navigating On Campus Interviews, networking tips, the latest Supreme Court case to hit the docket, and more. #LawTok boasts 1.7 billion views as of this article’s publication. 

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