The enforcement of a new Texas law that bans the use of TikTok on state-owned devices may rest on which lens the presiding judge views the law’s constitutionality, according to LPHS attorney David Coale. He says the key question for Judge Robert Pitman is defining if the ban is a matter of free speech or digital security.

"We treat them differently. So, you have to figure out what test applies and what body of precedent applies once you do that. And the answer kind of writes itself," Coale said in a Fox 7 interview.

The outcome of the lawsuit filed by university professors may also hinge on another point: the ban doesn't say you can't study or use TikTok, you just can't use it on a government device. "Their argument for academic freedom is undermined by that, because they just have to figure out some ways to use different resources,” he says.

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