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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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1 posted on 12/03/2023 8:57:43 PM PST by NoLibZone
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To: NoLibZone

Could the Nazi party own a media outlet in the US?

ISIS?


2 posted on 12/03/2023 9:00:04 PM PST by NoLibZone (We have the nation we deserve The bad guys are willing to protest and riot while we email.)
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To: NoLibZone

Two words. Free speech.


3 posted on 12/03/2023 9:01:09 PM PST by MinorityRepublican
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To: NoLibZone

I think TikTok is owned by the Chicoms.


4 posted on 12/03/2023 9:16:47 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: MinorityRepublican

Re-read the First Amendment, please.


5 posted on 12/03/2023 9:17:15 PM PST by Olog-hai ("No Republican, no matter how liberal, is going to woo a Democratic vote." -- Ronald Reagan, 1960)
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To: MinorityRepublican

Anybody read the Constitution lately.

What happened in Montana this year smells.

First that “Chinese spy balloon” spotted over Montana earlier this year followed by the TikTok ban legislation being approved and signed by Republicans in Montana.

Heck those same Republicans supported people in Montana having the freedom to not wear masks and not get COVID jabs.

Now they get into this gaslight drama show about TikTok orchestrated by someone like maybe “Deep State” Never Trumpers in the intelligence community.


6 posted on 12/03/2023 9:20:23 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: laplata
I think TikTok is owned by the Chicoms.

If they shut down TikTok, they'll do the same to FR tomorrow.

7 posted on 12/03/2023 9:21:35 PM PST by MinorityRepublican
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To: laplata

Young people especially in this country use TikTok and they make videos and if the videos get popular the video makers make money.

Looks more like a business than a Communist Plot against our national security.

I guess this is about taking out a social media business is Zuckerberg involved here?


8 posted on 12/03/2023 9:22:54 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: MinorityRepublican

Yeah. Right On.


9 posted on 12/03/2023 9:23:22 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: Nextrush
I guess this is about taking out a social media business is Zuckerberg involved here?

TikTok isn't controlled by the Deep State unlike Facebook and Twitter (before Musk bought it).

10 posted on 12/03/2023 9:26:02 PM PST by MinorityRepublican
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To: MinorityRepublican

Excellent point.


11 posted on 12/03/2023 9:27:08 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: Nextrush

“Looks more like a business than a Communist Plot against our national security”.

It’s a business that conditions and indoctrinates our children and anyone else watching it.


12 posted on 12/03/2023 9:29:54 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: laplata
It’s a business that conditions and indoctrinates our children and anyone else watching it.

Parents shouldn't let their kids use TikTok (or smartphones).

Gen Z is stupid enough to get indoctrinated into supporting Hamas from watching "Free Palestine" videos on TikTok.

But you can't use that as an argument to ban TikTok.

13 posted on 12/03/2023 9:32:49 PM PST by MinorityRepublican
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To: laplata

“There’s trouble my friend right here in River City...”


14 posted on 12/03/2023 9:33:20 PM PST by Nextrush (FREEDOM IS EVERYBODY'S BUSINESS-REMEMBER REV. NIEMOLLER)
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To: NoLibZone

Tik Tok is a brainwashing tool of the Chinese communists. Our idiot young people actually regard this medium as a valid news source and get a lot of their propagandized misinformation from there. I am sure that the 700 moron students who rioted at Hillcrest High School in Brooklyn, ranting pro-palescumian lies and crap and pursuing and threatening a Jewish teacher there (who had to take refuge in a locked office) got their “information” from Tik Tok, home of shallow people. That it seems to survive court cases serves to show how dysfunctional our courts have become, seemingly only existing to serve lawfare purposes against enemies of the dimmocraps.


15 posted on 12/03/2023 9:36:11 PM PST by EinNYC
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To: Nextrush

I don’t understand your point.


16 posted on 12/03/2023 9:39:30 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: MinorityRepublican

You’re right. It should be under the control of the parents. But most of them are ignorant of what it’s doing.


17 posted on 12/03/2023 9:41:55 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: EinNYC

We seized the US factories owned by German companies in two world wars.


18 posted on 12/03/2023 9:42:29 PM PST by kaktuskid
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To: EinNYC

Good post.

At this rate, we won’t last as a viable nation for long.


19 posted on 12/03/2023 9:43:57 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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To: kaktuskid

That was a different America. Now the enemy is in control.


20 posted on 12/03/2023 9:45:09 PM PST by laplata (They want each crisis to take the greatest toll possible.)
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