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Supreme Court upholds TikTok ban, but Trump might offer lifeline

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Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#393
post #15

Regardless of one’s view on the outcome, this case is a reminder that textualism as a legal philosophy stands on shaky ground. This case is decided not on some strict analysis of the words written by a legislator, but on the court’s subjective view that there is a compelling national interest (which in turn seems based on speculation about the future, rather than a factual analysis of events). Textualism might give t…

But why didn't Supreme Court find the first ammendment arguments compelling? As per first ammendment it is legal and protected to print/distribute/disseminate even enemy propaganda in the USA. Even at the height of cold war for example Soviet Publication s were legal to publish, print and distribute in the USA. What changed now? Even a judge, Sotomayer said during this case that yes, the Government can say to someone…

> Even a judge, Sotomayer said during this case that yes, the Government can say to someone that their speech is not allowed.

> Looks like a major erosion of first amendment protections.

It's not an erosion because it was already true and has been true for centuries.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#394

But why didn't Supreme Court find the first ammendment arguments compelling? As per first ammendment it is legal and protected to print/distribute/disseminate even enemy propaganda in the USA. Even at the height of cold war for example Soviet Publications were legal to publish, print and distribute in the USA. What changed now? Even a judge, Sotomayer said during this case that yes, the Government can say to someone…

> But why didn't Supreme Court find the first ammendment arguments compelling? As per first ammendment it is legal and protected to print/distribute/disseminate even enemy propaganda in the USA.

> Even at the height of cold war for example Soviet Publications were legal to publish, print and distribute in the USA.

That was explicitly brought up in oral arguments by the court, and the response by the US Gov was: "The act is written to be content neutral."

The court's opinion explains that they agree the law is "appropriately tailored" to remain content neutral. Whether it's "enemy propaganda" or not is, in their view, irrelevant to the application of the law. TikTok can exist in America, using TikTok is not banned, the owner just can't be a deemed "foreign adversary", which there is a history of enforcement (to some degree).

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#395

It's really quite funny to read the timeline in the opinion. Essentially, Trump started the TikTok ban, Biden continued it, and Congress finally put it into law. And now both Trump and Biden, as well as Congress, are shying away from actually enforcing the ban. • In August 2020, President Trump issued an Executive Order finding that “the spread in the United States of mobile applications developed and owned by compan…

A simpler explaination, politicians were worried that Tiktok may influence mit-term and presidential elections, but it turns out a good place to run campaigns.

Then Gaza happened.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#396
post #21

Still have no good answer on why its bad for a company that is supposedly under Chineese influence to collect this kind of information on us, and adjust and tweak an 'algorith' for displaying content. But its perfectly fine for a US company to do it? Wouldn't the right solution be to protect the citizens from all threats, foreign and domestic?

The comparison isn't even close. TikTok's relationship with the Chinese government is well-documented, not "supposed". They are legally required to share data under China's National Intelligence Law. The Chinese government has also a track record of pushing disinformation and find any way to destabilize Western democracies. Douyin (The Chinese Tiktok version) limits users under 14 to 40 minutes per day and primarily…

> Douyin (The Chinese Tiktok version) limits users under 14 to 40 minutes per day and primarily serves educational content, while TikTok's algorithm outside China optimizes for maximum engagement regardless of content quality or user wellbeing.

This isn't true, at least not for adults' accounts. I've watched my girlfriend use it and the content was exactly what she watched on TikTok, mostly dumb skits, singing, dancing, just all in Chinese instead of half in Chinese. It also never kicked her off for watching too long.

I was told a similar story about Xiaohongshu, where it was supposedly an app for Chinese citizens to read Mao's quotations (through the lens of Xi Jinping Thought) to prove their loyalty. Then I saw it for real and it's literally Chinese Instagram.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#397

But why didn't Supreme Court find the first ammendment arguments compelling? As per first ammendment it is legal and protected to print/distribute/disseminate even enemy propaganda in the USA. Even at the height of cold war for example Soviet Publications were legal to publish, print and distribute in the USA. What changed now? Even a judge, Sotomayer said during this case that yes, the Government can say to someone…

Because this is not about the first amendment? This just happens to be a company that runs a social network. Congress regulates commerce with foreign nations and made the decision, as it has in many other cases, that a foreign nation can not be the beneficial owner of TikTok. TikTok then made no effort to divest, giving away the game if you want, and predictably lost this challenge.

The arguments presented to the SCOTUS and the opinion itself are totally contained within the context of the First Amendment. No one is even arguing about anything other than the First Amendment and the exceptions permitted to that amendment.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#398

But why didn't Supreme Court find the first ammendment arguments compelling? As per first ammendment it is legal and protected to print/distribute/disseminate even enemy propaganda in the USA. Even at the height of cold war for example Soviet Publications were legal to publish, print and distribute in the USA. What changed now? Even a judge, Sotomayer said during this case that yes, the Government can say to someone…

This case was not about speech. It was about a vehicle for speech having a high risk of being used for espionage and PSYOPS. If TikTok was the only vehicle available for people to post on the internet, then maybe the First Amendment argument would hold water.

This decision doesn't tell people they can't speak any more than, say, shutting down a specific TV station or newspaper which has been used for money laundering or which is broadcasting obscene content.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#399
post #296

I'd love to see what a global ban for TikTok, WhatsApp, Instagram, YouTube, and X would look like. Even better: massive breakdown of iOS and Android installations. Just for a couple of weeks, then revert to the nightmarish status quo we live in. Now that would be an interesting experiment. The change in people's behavior would be palpable for those fourteen days, I bet. It'd be so much fun.

Daniel Dennett was strong proponent of alternative information distribution mechanisms in case of internet goes down for everyone. We haven't even studied such scenarios.

Re: Supreme Court upholds TikTok ban, but Trump might offer lifeline

#400

I'm sure the other countries are watching this and considering what the US is doing with their data in its apps.

Other countries that were concerned about this started blocking websites of their adversaries decades ago.
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