Huawei and several other companies have faced this. Several American companies face this in China. Its not unprecedented.
Are you suggesting its unconstitutional because freedom of expression is being curbed? Thats not true, those creators have other platforms to post their content.
Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
41–50 of 146 posts
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#42First, let me preface that I despise TikTok and I think it is mostly garbage content-wise, however this proposal is simply un-American. Concerns about data privacy and foreign influence are legit, but banning an entire communication platform used by 170 million Americans based on hypothetical threats goes against core First Amendment principles especially considering the government's inability to provide concrete evi…
Americans indeed have free speech guarantees, but I don't think it's quite so clear that foreign platforms have a constitutional right to provide a platform for said speech. How far does it go? Does a North Korean or Iranian or Cuban app have a guaranteed right to exist in America because some Americans use it for their speech?
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#43The authors Ashley Gorski and Patrick Toomey seem to think that the rule of law and advocating for consistent ruling on constitutionality will have an effect. If I’ve learned anything about how the Supreme Court works, it’s that this is a political calculation, not a legal one. The outcomes are decided first, and then jurisprudence is employed to substantiate them — not the other way around.
Can you give a recent (last 20 years) example of a Supreme Court political not legal decision? FWIW, I think the Supreme Court will not uphold the ban. But TBH I don't know the details of the 'ban'.
The decision to ban Colorado from making its own decisions for its own election with regard to what "engaged in insurrection" means and therefore disqualifies someone from their own state's ballots.
Purely political. The law says clearly that states run their own elections and it says clearly that insurrection is disqualifying. Would've been politically inconvenient though (for either side of the spectrum, and especially inconvenient for one side).
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#44If I had children aged 7-17 and felt China was intentionally nudging them via algorithmic suggestions away from STEM and toward vapidness, and if I was unable to control their access to it, I guess I might appreciate that my government had banned it. But, as others have mentioned, it sets a dangerous precedent. If nothing else, this attempted ban has raised national awareness about the negative impacts of TikTok. Wha…
> felt China was intentionally nudging them via algorithmic suggestions away from STEM and toward vapidness
A ban based on a feeling?
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#45The authors Ashley Gorski and Patrick Toomey seem to think that the rule of law and advocating for consistent ruling on constitutionality will have an effect. If I’ve learned anything about how the Supreme Court works, it’s that this is a political calculation, not a legal one. The outcomes are decided first, and then jurisprudence is employed to substantiate them — not the other way around.
I share your cynicism. Do you see any way out? I feel the same way about the supreme court justices today as I do about Senators for lightly populated states: people operating with little oversight and with little to no accountability to the people who they hold power over. The bigger problem with the Supreme Court is that, largely, the political calculus is mostly cemented for life of the justice. The only way out I…
> The only way out I see for the Supreme Court is a Congress and President who are focused on fixing the issue.
This is absolutely true. Not so much about the President, who has no legislative authority, but Congress, to be sure.
Congress seems to have abdicated its duty to ensure legislation is clear and consistent and evolves with the times. Many of the SCOTUS opinions I've read--perhaps a majority--get mired in trying to read the tea leaves about Congressional intent, or are frustrated because the parties are using the Court to solve problems that Congress could and should have solved.
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#46You can still access it through the mobile site, no?
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#47TikTok is NOT being banned. TikTok can continue unmodified if it transfers ownership to anyone outside China.
Ok, but I think that's as unconstitutional as a ban, by the same logic. But I'm not a lawyer.
How so? Generally speaking, foreign entities do not have the same constitutional guarantees as domestic with regard to laws concerning national security. Mind you, if this was a domestically owned platform, they would have a very strong case.
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#48We all know it's just a way for Musk and others to get a really popular social media for cheap. This ban has nothing to do with anything else than that.
Which is why the law was signed by .. checks notes.. Joe Biden?
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#49The authors Ashley Gorski and Patrick Toomey seem to think that the rule of law and advocating for consistent ruling on constitutionality will have an effect. If I’ve learned anything about how the Supreme Court works, it’s that this is a political calculation, not a legal one. The outcomes are decided first, and then jurisprudence is employed to substantiate them — not the other way around.
>The outcomes are decided first, and then jurisprudence is employed to substantiate them — not the other way around.
I think this is the thing people don't get. Right or left, Democrat or Republican, it just doesn't matter anymore. You have nine of the best legal minds in the country, supposedly, and they constantly vote along party lines. There is no way that happens if the law is actually being respected.
Re: Banning TikTok Is Unconstitutional. The Supreme Court Must Step In
#50Earlier quoted context omitted.
Turns out that US law (and custom) says the US can't do that particular kind of "tit for tat". I wasn't aware that China had a veto over the US Constitution.
Is it? Congress has the authority to regulate international trade. If TikTok was shipping books into the USA no one would be arguing whether it would be constitutional to ban them or not. The constitution hasn't been updated for the internet and smartphones but they absolutely can be governed the same way, as courts have ruled over and over again.
Except your analogy is flawed. Tiktok is selling "books" written and published in the US. It's not like the Tiktok's themselves are all Chinese made.