Under-inclusiveness

Definition

A constitutional flaw where a law fails to address the problem it claims to solve by targeting only some sources of a harm while leaving equally problematic sources unregulated, undermining the claim that the law truly serves its stated interest.

Examples

• •Petitioners argued the Act is under-inclusive because it covers TikTok but exempts e-commerce apps like Temu with comparable Chinese ownership and data collection affecting tens of millions of Americans.

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