Connect with us
[bsa_pro_ad_space id=12]

Business

TikTok on the Clock: US Appeals Court Hits the “Ban” Button

Published

12 minute read

 

 

By

The winds of Washington are blowing icy cold for TikTok this December. A federal appeals court panel handed down a ruling today that could send the app packing— or at least force it into a kind of corporate divorce.

The US Court of Appeals for the District of Columbia Circuit has today declared the law threatening TikTok’s existence to be totally constitutional, leaving the platform to fight for its digital life. In short, TikTok has until mid-January to break ties with its Beijing-based parent, ByteDance, or risk an outright ban in the United States.

TikTok responded with the following statement:

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

The Free Speech Shuffle

TikTok played the First Amendment card, arguing that banning the platform would stomp on Americans’ free speech rights. But the court wasn’t having it, throwing in a little verbal aikido about protecting actual freedom.

“The First Amendment exists to protect free speech in the United States,” the court wrote, presumably while straightening its tie in a metaphorical mirror. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

Translation: TikTok, it’s not you — it’s China.

TikTok has been accused of being influenced by the Chinese Communist Party.
ByteDance’s Legal Tango

TikTok and its parent company, ByteDance, is already planning to appeal to the Supreme Court because apparently, they’re gluttons for punishment. And hey, why not? When you’re staring down a deadline that could nuke your entire US business, you either fight or fold.

But here’s where it gets interesting: the same President-elect Donald Trump who once tried to fire TikTok like it was a contestant on The Apprentice now says he’s against a ban. Trump has promised to swoop in and “save” the platform during his second term.

The law itself was signed by President Joe Biden in April, marking a rare bipartisan moment in a town otherwise allergic to cooperation. For years, Washington has been gnashing its teeth over TikTok’s ties to the Chinese government, accusing the app of being a national security threat disguised as a dance challenge factory.

Of course, critics argue this is about power. TikTok’s cultural dominance has made it an unpredictable disruptor, threatening not only Big Tech’s grip on social media but also giving the average American teen more clout than your local senator.

Government officials argue that the app’s voracious appetite for user data could lead to sensitive information, from browsing histories to biometric identifiers, being vacuumed up by the Chinese communist government. But the main issue? The proprietary algorithm, that magical machine-learning potion that keeps you scrolling at 2 a.m., is painted as a weapon of influence — a subtle but powerful propaganda tool ready to tweak your feed for Beijing’s benefit.

Except, there’s a catch: a good chunk of the government’s evidence for these claims is locked behind classified curtains. TikTok’s attorneys — and by extension the American public — are left in the dark.

More than 170 million Americans use TikTok.
TikTok Fights Back

TikTok has steadfastly denied being a Chinese Trojan horse, insisting that no evidence exists to prove they’ve ever handed over data to Beijing. As for the algorithm? TikTok says any suggestion of manipulation is pure speculation. Their legal team hammered home that the government’s arguments rely on what might happen in the future — a slippery foundation for ripping apart a platform that’s glued to the cultural zeitgeist.

But the Department of Justice isn’t just playing futurist. It has hinted — vaguely and ominously — at unspecified past actions by TikTok and ByteDance in response to Chinese government demands. The key word here is “unspecified,” because whatever receipts the DOJ might have, they’re conveniently out of reach for TikTok’s lawyers, the media, or anyone else.

A Courtroom Tango: First Amendment vs. National Security

The appeals court panel, a politically mixed trio of judges, seemed as torn as the rest of us about how far Uncle Sam can stretch its First Amendment arguments to justify banning an app with foreign ties. Over two hours of oral arguments in September, the judges volleyed tough questions at both sides.

Can the government really shut down a platform just because it’s foreign-owned? the judges asked, channeling TikTok’s core argument. On the flip side: What happens if this platform turns into a covert disinformation campaign during wartime? they wondered, invoking wartime-era laws restricting foreign ownership of broadcast licenses.

Both sides twisted themselves into legal yoga poses. TikTok’s lawyer, Andrew Pincus, argued that a private company — even one with foreign owners — deserves constitutional protections. The DOJ’s Daniel Tenny countered that the government has a duty to head off potential foreign interference, even if the threat isn’t fully realized yet.

$2 Billion in Data Defenses

TikTok itself hasn’t just been sitting back while lawyers spar. The company claims it’s invested over $2 billion to fortify its US data, including setting up Project Texas — a heavily marketed initiative to store American user data on servers managed by Oracle. ByteDance has also floated the idea of a comprehensive draft agreement that it says could have eased Washington’s fears years ago.

But according to TikTok, the Biden administration ghosted them, walking away from the negotiating table without offering a viable path forward. The DOJ insists the draft didn’t go far enough, but skeptics wonder if the government’s hardline stance is less about national security and more about flexing control over Big Tech.

Divestment Drama

Washington’s solution to the TikTok dilemma sounds deceptively simple: ByteDance should sell the US arm of TikTok. However attorneys for the company argue that such a divestment would be a logistical and commercial nightmare. And without TikTok’s algorithm—intellectual property that Beijing is unlikely to let go of—the app would lose its magic. Imagine TikTok without its eerily intuitive feed: it’d be MySpace 2.0, a ghost town for millennials waxing nostalgic.

Still, some sharks smell blood in the water. Billionaire Frank McCourt and former Treasury Secretary Steven Mnuchin have rallied a consortium with over $20 billion in informal commitments to snap up TikTok’s US operations.
A Perfect Storm of Lawsuits

TikTok isn’t going down without a fight and it’s bringing allies to the battlefield. The company’s legal challenge has been bundled with lawsuits from several content creators, who argue that losing the platform would gut their livelihoods, and conservative influencers who claim a ban would silence their political speech. TikTok, ever the sugar daddy, is footing the legal bills for its creators — a savvy PR move if ever there was one.

The Clock is Ticking

If TikTok’s Hail Mary appeal to the Supreme Court fails, it’ll be up to President Trump’s Justice Department to enforce the ban. That means app stores would have to scrub TikTok from their offerings, and hosting services would be barred from supporting it.

And what happens to the millions of creators, small businesses, and teenagers who’ve turned TikTok into a cultural juggernaut? Well, they’ll probably migrate to Instagram Reels or YouTube Shorts—platforms that coincidentally happen to be owned by US tech giants who’ve been salivating at the thought of TikTok’s demise.

This is far from over.

If you value free speech and privacy, subscribe to Reclaim The Net. Each issue we publish is a commitment to defend these critical rights, providing insights and actionable information to protect and promote liberty in the digital age.

Despite our wide readership, less than 0.2% of our readers contribute financially. With your support, we can do more than just continue; we can amplify voices that are often suppressed and spread the word about the urgent issues of censorship and surveillance.

Consider making a modest donation — just $5, or whatever amount you can afford. Your contribution will empower us to reach more people, educate them about these pressing issues, and engage them in our collective cause.

Thank you for considering a contribution. Each donation not only supports our operations but also strengthens our efforts to challenge injustices and advocate for those who cannot speak out.


Thank you

 

Todayville is a digital media and technology company. We profile unique stories and events in our community. Register and promote your community event for free.

Follow Author

Business

Liberals to increase CBC funding to nearly $2 billion per year

Published on

From LifeSiteNews

By Clare Marie Merkowsky

The Department of Canadian Heritage promised funding to offset the Canadian Broadcasting Corporation’s nearly 10 percent drop in ad revenue last year despite an audience share of 1.7 percent, meaning over 98 percent of the country is not watching the network.

The Liberal government has promised to spend millions of taxpayer dollars to compensate CBC-TV for ads that the network cannot sell.

According to information released January 20 by Blacklock’s Reporter, the Liberal-run Department of Canadian Heritage will give CBC millions more, bringing the network’s total parliamentary grant near $2 billion a year.

“The CBC has been grappling with a range of financial pressures that are challenging its ability to maintain programming and service levels,” Liberals argued, adding that their department will be “providing additional funding to make it less reliant on private advertising with a goal of eliminating advertising during news and other public affairs shows.”

“The CBC is a pillar of Canada’s creative economy, a key provider of programming made by and for Canadians and a significant source of trusted news and information,” Liberals claimed.

“This government is committed to ensuring the sustainability of the CBC so that it can continue to create public value and adapt to the needs and expectations of Canadians,” the department continued.

The increased government subsidies come after an October report found that CBC’s advertising revenue dropped nearly 10 percent last year.

Furthermore, CBC’s own quarterly report found that its network audience share is only 1.7%, meaning more than 98% of Canadians are not watching CBC.

However, Liberals have chosen to ignore the fact that Canadians are not watching CBC, instead spending millions of dollars to prop up the failing outlet.

Beginning in 2019, Parliament changed the Income Tax Act to give yearly rebates of 25 percent for each news employee in cabinet-approved media outlets earning up to $55,000 a year to a maximum of $13,750.

Last November, Prime Minister Justin Trudeau again announced increased payouts for legacy media outlets that coincide with the leadup to the 2025 election. The subsidies are expected to cost taxpayers $129 million over the next five years.

That amount to the CBC is in addition to massive media payouts that already make up roughly 70 percent of its operating budget and total more than $1 billion annually.

However, many have pointed out that the obscene amount of money thrown at CBC by Liberals is a ploy to buy the outlet’s loyalty.

Furthermore, in October, Canadian Heritage Minister Pascale St-Onge’s department admitted that federally funded media outlets buy “social cohesion.”

Additionally, in September, House leader Karina Gould directed mainstream media reporters to “scrutinize” Conservative Party leader Pierre Poilievre, who has repeatedly condemned government-funded media as an arm of the Liberals.

Gould’s comments were in reference to Poilievre’s promise to defund the CBC if elected prime minister. Poilievre is a longtime critic of government-funded media, especially the CBC.

Continue Reading

Business

Trump promises new era of government efficiency with DOGE

Published on

From The Center Square

By 

Group files suit over DOGE secrecy on Trump’s first day

President Donald Trump promised Americans that their federal government would operate more efficiently with the creation of the Department of Government Efficiency.

“My administration will establish the brand new Department of Government Efficiency,” the 47th president said to applause from Republicans.

Trump’s remarks on DOGE came the same day as a nonprofit group joined a union to file suit over the outside agency, alleging its secret meetings violate federal law.

The complaint, filed by Public Citizen and the American Federation of Government Employees, alleges DOGE violates the Federal Advisory Committee Act because “members do not have a fair balance of viewpoints, meetings are held in secret and without public notice and records and work product are not available to the public.”

“AFGE will not stand idly by as a secretive group of ultra-wealthy individuals with major conflicts of interest attempt to deregulate themselves and give their own companies sweetheart government contracts while firing civil servants and dismantling the institutions designed to serve the American people,” AFGE National President Everett Kelley said in a statement. “This fight is about fairness, accountability, and the integrity of our government.”

Trump spoke about DOGE during his inauguration after making bold promises for the department after winning the 2024 election.

Trump picked Tesla CEO Elon Musk and businessman Vivek Ramaswamy to lead DOGE. Trump said the new group will pave the way for his administration to “dismantle government bureaucracy, slash excess regulation, cut wasteful expenditures and restructure federal agencies.”

Both Musk and Ramaswamy attended Trump’s inauguration Monday. The two men previously outlined their plans for DOGE, which includes reducing regulations that would lead to mass layoffs of federal employees.

“A drastic reduction in federal regulations provides sound industrial logic for mass head-count reductions across the federal bureaucracy,” Musk and Ramaswamy wrote in an op-ed for the Wall Street Journal in November. “DOGE intends to work with embedded appointees in agencies to identify the minimum number of employees required at an agency for it to perform its constitutionally permissible and statutorily mandated functions.”

AFGE, which represents more than 800,000 workers in nearly every federal agency, had previously denounced DOGE. Kelley said it will hollow out the federal government and its workforce.

“By their very nature, cuts of this size also would require slashing spending on our military, homeland security, federal law enforcement, and virtually every aspect of our government operations,” he said. “This kind of financial pressure would lead to painful, widespread reductions in services that will affect Americans from every walk of life.”

Trump has promised to cut “hundreds of billions” in federal spending in 2025 through the reconciliation process. DOGE co-leader Musk initially suggested DOGE could cut $2 trillion in spending. Musk more recently said the group will aim for $2 trillion, but likely come up with half that amount.

Congress controls the purse strings for discretionary spending, which totaled about $1.7 trillion in 2023. Congress generally allocates about half of its discretionary spending to the U.S. Department of Defense.

“The number of federal employees to cut should be at least proportionate to the number of federal regulations that are nullified: Not only are fewer employees required to enforce fewer regulations, but the agency would produce fewer regulations once its scope of authority is properly limited,” Musk and Ramaswamy wrote. “Employees whose positions are eliminated deserve to be treated with respect, and DOGE’s goal is to help support their transition into the private sector. The president can use existing laws to give them incentives for early retirement and to make voluntary severance payments to facilitate a graceful exit.”

Congress has run a deficit every year since 2001. In the past 50 years, the federal government has ended with a fiscal year-end budget surplus four times, most recently in 2001.

Last week, the federal government reported net costs of $7.4 trillion in fiscal year 2024, but it couldn’t fully account for its spending. The U.S. Government Accountability Office, which is Congress’s research arm, said that the federal government must address “serious deficiencies” in federal financial management and correct course on its “unsustainable” long-term fiscal path.

Continue Reading

Trending

X