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EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

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Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#21
post #3

> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally. These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astrot…

> These platforms are fundamentally anti-democratic in their very nature The US Gov has a mandate to preserve and uphold democracy. Shuttering communication is prior restraint - an anti-democratic action. Platforms have no mandate to preserve and uphold democracy.

You're presuming that these are communication platforms. I argue that they aren't—to the extent that they are useful for communication it's a pure coincidence, not a design choice.

Each of these platforms is fundamentally a propaganda platform—they're explicitly designed to manipulate people into buying stuff, and that capability is frequently turned to voter manipulation. The US government has decided that while US-based billionaires having access to such influence is fine and dandy, the CCP should not. So tiktok must be sold to a US owner.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#22
post #6

Given that the decision is unanimous just maybe it is in alignment with the constitution. If Clarence Thomas and Ketanji Jackson agree on something, that's some kind of signal.

Signal of belief in an excessively strong state?

Clarence Thomas is not actually conservative in the small government sense.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#23
post #17
post #3

> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally. These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astrot…

It's a shame that this is true for many platforms. Social media platforms have the potential to be incredibly democratic. The more people watch content the more it's shown to other people. Anyone's voice could be amplified in a way that was limited to broadcast networking and printing presses in the past. A million small conversations can occur in such a way that they create a chorus of discussion about public intere…

This is part of why I think there should exist a popular real-name-only network. It'd go far to prevent these types of attacks on the megaphone.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#24

I’m not sure what order things go in, but I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos Those people publishing to TikTok were probably on Instagram and if they weren’t, they will be now if they want to reach the same American audience.

> I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos

You'd be wrong.

What value would a concept like the First Amendment have if it were voidable as easily as "we have national security concerns" or "the information on there isn't valuable." Given that those are pretty much the immediate go-to excuses for any autocrats clamp down on speech, such a right would be totally meaningless.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#25
post #3

> Shutting down communications platforms or forcing their reorganization based on concerns of foreign propaganda and anti-national manipulation is an eminently anti-democratic tactic, one that the US has previously condemned globally. These platforms are fundamentally anti-democratic in their very nature, increasingly so in the age of LLMs. They're places where people buy a voice and the illusion of support by astrot…

In a trade war any company is fair game. A trade war thus naturally reaches across multiple values that a nation may hold, bringing them simultaneously under tension. Free speech is just a coincidence to the nature of TikTok, but what about cars, drones, phones, or even soybeans? When values are in conflict, which should win? In the hierarchy of values, where does economic world position stand in terms of national co…

What? You're musing that a fucking trade war could possibly be placed above freedom of speech? The answer of which "values" should win is 110% clear.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#26

I’m not sure what order things go in, but I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos Those people publishing to TikTok were probably on Instagram and if they weren’t, they will be now if they want to reach the same American audience.

TikTok is used for far more than cat videos which is why it's a considered a threat to those in power. There are freely flowing ideas and narratives which they cannot control - except now they are by restricting access to it.

Instagram doesn't have the same culture at all and it's not a substitute. TikTok is a like a digital "third space" for communities, and just like the real life equivilents, is slowly disappearing. People without community are easier to control.

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#28

I’m not sure what order things go in, but I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos Those people publishing to TikTok were probably on Instagram and if they weren’t, they will be now if they want to reach the same American audience.

> I’d have thought national security concerns trump the need of its’ citizens to freely watch cat videos You'd be wrong. What value would a concept like the First Amendment have if it were voidable as easily as "we have national security concerns" or "the information on there isn't valuable." Given that those are pretty much the immediate go-to excuses for any autocrats clamp down on speech, such a right would be tot…

However forcing TikTok to divest of foreign ownership is not restricting the rights of Americans to express their opinions. Americans are free to widely exercise their first amendment rights- the TikTok order to divest foreign ownership doesn’t affect those users ability to speak. The first amendment does not guarantee you access to a specific platform- it means that the bar for the government to imprison you for speech is very high (you can be held in contempt for lying under oath, for example)

I would argue that in this case the platform itself is expressing speech by ranking, recommending and promoting certain content. A foreign entity has no such first amendment right- we have had restrictions on foreign ownership of news media for decades now.

I think it’s an interesting issue especially now that you have TikTok users who think they’re being treated unfairly moving to a pure Chinese platform RedNote and encountering actual censorship. https://amp.cnn.com/cnn/2025/01/16/tech/tiktok-refugees-redn....

And now unconfirmed reports that RedNote is considering segregating the new American users from the Chinese users, ironically so Americans couldn’t influence Chinese users - https://arstechnica.com/tech-policy/2025/01/rednote-may-wall...

Re: EFF statement on U.S. Supreme Court's decision to uphold TikTok ban

#29
post #17

Earlier quoted context omitted.

It's a shame that this is true for many platforms. Social media platforms have the potential to be incredibly democratic. The more people watch content the more it's shown to other people. Anyone's voice could be amplified in a way that was limited to broadcast networking and printing presses in the past. A million small conversations can occur in such a way that they create a chorus of discussion about public intere…

This is part of why I think there should exist a popular real-name-only network. It'd go far to prevent these types of attacks on the megaphone.

Isn’t that what Facebook is supposed to provide? From anecdotal evidence, people are happy to engage in vitriol online that they would never do face to face, real name or not.
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