> The regulations make it clear that the President alone determines 'whether a transaction threatens national security.'
HOWEVER, I maintain that this authority can only be exercised under certain restrictions. For instance, if the President were to declare that all social media companies that "fact check" his statements threatened national security that would be a violation of the first amendment (free speech). As such, the courts would be responsible for overturning his declaration.
Similarly, if the President were to just declare ByteDance to be a threat to national security without even having a reason for doing so, I maintain it would violate the requirement to engage in due process. He doesn't need to have a GOOD reason, but it can't be "because I feel like it" or "because they said mean things about me".
I'm not clear on whether the right to due process is inapplicable because ByteDance voluntarily chose not to undergo the review.
> The regulations make it clear that the President alone determines 'whether a transaction threatens national security.'
HOWEVER, I maintain that this authority can only be exercised under certain restrictions. For instance, if the President were to declare that all social media companies that "fact check" his statements threatened national security that would be a violation of the first amendment (free speech). As such, the courts would be responsible for overturning his declaration.
Similarly, if the President were to just declare ByteDance to be a threat to national security without even having a reason for doing so, I maintain it would violate the requirement to engage in due process. He doesn't need to have a GOOD reason, but it can't be "because I feel like it" or "because they said mean things about me".
I'm not clear on whether the right to due process is inapplicable because ByteDance voluntarily chose not to undergo the review.