True, and that does seem like the basis SCOTUS will use to keep the ban. But legal tricks aside, the users of TikTok will no longer be able to express themselves in the same way. Yes, that's ByteDance's fault, but the effect is a loss of free expression imho. You can say they can go to another platform, sure, but what about all the historical content users have posted on TikTok. That's just gone. All that free expression vanished retroactively. And that's not ByteDance's free expression that's been disappeared, it's Americans' expression who have first amendment rights.