I disagree. I think that TikTok and Bytedance purposefully ignored the option of divestiture as a tactic and treated the law as if it was simply a ban because that strengthened their entire First Amendment argument.
Funny how TikTok will use a first amendment argument in defense of a ban on TikTok but will argue it's all just "terms and conditions" in defense of them banning a TikTok *user*.
Newsflash: they, as well as any and every social media company would be accurate in defending their own T&C, and full of BS in light of any first amendment claims.
Comments
Yes, an option and one Bytedance choose not to take.
If the state didn't want Tiktok to shutdown they could have passed a law compelling a sale.