It's difficult to apply this argument consistently without claiming that any company who decides to operate in China is compromised. A great deal of American companies do operate in China and will be subject with the same legal requirements expected of domestic companies. Journalists may not, but many American business executives perfectly understand how it works.
If you read the suit, in this instance, it appears TikTok claims it is indeed a U.S. company, and thereby protected by the Constitution, safeguarded by due process, and not immediately subject to IEEPA or CFIUS actions.
I personally think they are no where near being a U.S. company, but that is a crux of their argument and we will see if the judge clarifies their position.
If you read the suit, in this instance, it appears TikTok claims it is indeed a U.S. company, and thereby protected by the Constitution, safeguarded by due process, and not immediately subject to IEEPA or CFIUS actions.
I personally think they are no where near being a U.S. company, but that is a crux of their argument and we will see if the judge clarifies their position.