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TikTok’s recent court victories show just how hard it might be to ban the app
Cnn ^ | Analysis By Brian Fung and Catherine Thorbecke

Posted on 12/03/2023 8:57:43 PM PST by NoLibZone

A pair of back-to-back court victories for TikTok this week have threatened to make it harder for the company’s critics to clamp down on it, after a state judge in Indiana threw out one lawsuit against the popular short-form video app and a federal judge blocked a first-of-its-kind Montana law that would have banned the app statewide.

Neither case has reached a final outcome. But the early-stage results in both states show that when the hot-button politics of TikTok came face-to-face with the most fundamental basics of American law, the politics lost.

In both cases, efforts to crack down on TikTok failed to pass rudimentary checks such as whether they complied with the First Amendment or whether the court even had jurisdiction in the matter, according to Thursday’s rulings.

Those results reveal how the state attempts to regulate TikTok “are clearly pretextual and designed for political theater,” Eric Goldman, a law professor at Santa Clara University, told CNN. “So when you put them in front of a non-political decisionmaker, they look ridiculous.”

That the states’ could not clear even the most elemental legal hurdles highlights the challenge ahead for policymakers who are struggling to articulate a concrete problem their legal tools can solve.

(Excerpt) Read more at cnn.com ...


TOPICS: China; News/Current Events
KEYWORDS: ccp; internet; redchina; socialmedia; tiktok
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To: EinNYC
Tik Tok is a brainwashing tool of the Chinese communists.

Maybe but you will have to come up with a better argument to ban TikTok.

21 posted on 12/03/2023 9:46:38 PM PST by MinorityRepublican
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To: NoLibZone
Could the Nazi party own a media outlet in the US?

The Let's Protect Zuckerberg's Crappy Apps Act failed in the courts for three reasons:

1. In both the Monana and Indiana cases, the government claimed that TikTok provides US user data to the Chinese government, but they could not provide evidence that this was actually happenings.

2. In the Montana case, the court ruled, "In shutting off TikTok, the Legislature has both harmed User Plaintiffs’ First Amendment rights and cut off a stream of income on which many rely."

3. Also in the Montana case, the judge decided, "SB419 explicitly bans TikTok because of its direct connection to a specific foreign nation. [But] Montana does not have constitutional authority in the field of foreign affairs.”

It was the correct decision. Allowing the ban would have set a precedent of mass censorship on the internet.

22 posted on 12/03/2023 9:47:17 PM PST by Right_Wing_Madman
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To: laplata
You’re right. It should be under the control of the parents. But most of them are ignorant of what it’s doing.

Maybe the U.S. government can fund a study. Sort of like we did with cigarettes. So we'll have more evidence that smartphones and social media are bad for society, especially on the youth who's very impressionable.

Then everyone will get the message. Maybe parents will do a better job of raising their kids.

23 posted on 12/03/2023 9:50:02 PM PST by MinorityRepublican
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To: MinorityRepublican

Maybe the U.S. government can fund a study.

<<>>

Not THIS US government. They won’t do anything positive for the country.


24 posted on 12/03/2023 9:53:07 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: laplata
Not THIS US government. They won’t do anything positive for the country.

In that case, maybe our constitution is a suicide pact, ha.

25 posted on 12/03/2023 10:01:50 PM PST by MinorityRepublican
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To: Right_Wing_Madman
It was the correct decision. Allowing the ban would have set a precedent of mass censorship on the internet.

Agreed.

26 posted on 12/03/2023 10:02:48 PM PST by MinorityRepublican
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To: MinorityRepublican

It’s controlled by the CCP. There is less free speech than the Govt Censorship Industrial complex control of google, yhoo, wikipedia, facebook, snap, instagram or 49 of the 50 most visited websites minus X.


27 posted on 12/03/2023 10:05:08 PM PST by Freest Republican (This space for rent)
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To: laplata

I guess I’m not getting so excited about TikTok as a threat to the “morals of our youth” or whatever.

People can get hooked on anything and I see folks consumed by what they are doing on their phones all the time.

I just don’t want to get too disturbed by all this.


28 posted on 12/03/2023 10:05:22 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: kaktuskid

Guess we’re getting ready for the next one right now...


29 posted on 12/03/2023 10:06:26 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: Right_Wing_Madman

I replied seven days too late-

does this look like 50% or not?

https://www.xe.com/currencycharts/?from=RUB&to=USD&view=2Y


30 posted on 12/03/2023 10:09:32 PM PST by Freest Republican (This space for rent)
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To: Nextrush

I understand what you’re saying. But it is actually a good example of what’s done when the frog is put into the pot of warm water. By the time it’s boiling, it’s too late...the damage is done and there’s no way to get out of the pot.


31 posted on 12/03/2023 10:12:47 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: Right_Wing_Madman

Maybe next time instead of accusing me of making up the 50% drop in the Ruble which is as real as your nose-

you’ll ask for a link or actually figure it out on your own.


32 posted on 12/03/2023 10:13:07 PM PST by Freest Republican (This space for rent)
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To: EinNYC

>> Tik Tok is a brainwashing tool of the Chinese communists.

Well, they’re spending less time in front of the boob tube.


33 posted on 12/03/2023 10:18:29 PM PST by Gene Eric (Don't be a statist!)
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To: laplata

I’m taking it easy on this one the bigger picture as I see it China has to be shut down economically because whichever country has the strongest economy is in the best position to win a war.

The US had more economic power could win the Cold War outspending the USSR on defense.

This little drama is part of a bigger picture out there.

Consider history FDR determined to send Germany and Japan messages in 1941 with economic measures and deployment of troops out into the Atlantic with the Navy accompanying convoys to the UK mid-way across the Atlantic.

And the Pacific Fleet moved out to Pearl Harbor.

In the here and now the US is taking measures and showing the flag in and around China right now the AUKUS alliance and so on.

A US warship entered an area claimed by China this morning.

Australian, US, UK defense ministers met in California last Friday.

The French Defense Minister in the Philippines last Friday talking a defense agreeent for joint military exercises.


34 posted on 12/03/2023 10:30:58 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: NoLibZone
Could the Nazi party own a media outlet in the US?

Yes. The First Amendment. Also see National Socialist Party of America v. Village of Skokie, 432 U.S. 43.

35 posted on 12/03/2023 10:58:12 PM PST by thegagline (Sic semper tyrannis! Goldwater in 2024)
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To: NoLibZone

National Security is how you deal a foreign threat. The Chicom govt has no standing and a simple EO would do the trick. EO directs that US telecoms prevent on their network or devices. NSA, CIA, and DISA cloud along with AWS, MS and web service govt providers shut it down. Issue a carrier update that Uninstaller it and prevents from being downloaded or installed on carrier network makes so easy to kill tictok in 24-48 hours.


36 posted on 12/03/2023 11:06:32 PM PST by Jumper
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To: Nextrush

Good post and good perspective.

You know history.

Regards-


37 posted on 12/03/2023 11:07:43 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: laplata

Unfoutunately, one wonders if a war with China is in the near-term cards as an anti-Trump measure.

Tucker Carlson was bantering with MTG asking her about the mood in Congress she said they seem to talk war with China, want such a war.

Carlson noting China makes all our antibiotics.

Earlier this year the French President Macron said it was an urgent priority he said months to get the production of 50 key medicines going domestically in France.

In order to replace making them in China no doubt.


38 posted on 12/03/2023 11:28:38 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: laplata

The enemy is holding on to the slimmest majority of power.

This is despite 90% of industry/institution/billionaires/wealthiest men ever colluding and conspiring on their behalf against us.

They’re about done. That’s why we see their acts of desperation every day.

The not viable thing is Democrats, needing so much “help” retaining power.


39 posted on 12/03/2023 11:30:44 PM PST by Freest Republican (This space for rent)
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To: MinorityRepublican

All of Tik Toks data goes straight to Chinese intelligence, do not pass go. Its why the DoD first banned it and now the USG.


40 posted on 12/03/2023 11:45:12 PM PST by KC_Conspirator
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