I'm skeptical that Bernstein vs DOJ would apply, to a [foreign-controlled] company that is not publishing their algorithm, on the idea that allowing their [trade-secret] code to control how hundreds of millions of people interact with each other is somehow free speech on ByteDance's part.
The foreign-controlled part in particular implicates Congress's obvious and explicit power to regulate international trade, and it seems obvious to me that there would be something less than strict scrutiny applied to alleged violations of the 1A when that Congressional power is in play.
The foreign-controlled part in particular implicates Congress's obvious and explicit power to regulate international trade, and it seems obvious to me that there would be something less than strict scrutiny applied to alleged violations of the 1A when that Congressional power is in play.