First Amendment

Supreme Court Upholds TikTok Ban Unless Sold by Chinese Parent Company

The Supreme Court unanimously upheld a federal ban on TikTok, citing national security risks posed by its Chinese ownership. The ruling allows the ban to take effect unless TikTok is sold by its parent company, ByteDance, a sale that currently seems unlikely. While existing users may retain access initially, the app will become unusable without updates and new downloads. The Court rejected First Amendment challenges, emphasizing Congress’s determination that divestiture is necessary to address national security concerns.

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Biden Delays TikTok Ban, Leaving Decision to Trump

President Biden has declined to enforce a law mandating TikTok’s divestment or ban, deferring implementation to President-elect Trump. This law, passed last year, requires TikTok’s parent company to divest by January 19th or face a US ban. Trump is reportedly considering a 90-day delay via executive action, while the Supreme Court is reviewing a challenge to the law’s constitutionality. Supporters of the ban cite national security concerns regarding user data access by the Chinese Communist Party, while opponents raise First Amendment concerns.

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Media Self-Censorship Paves the Way for Trump’s Authoritarian Agenda

ABC News’s $15 million settlement with Donald Trump, stemming from a lawsuit over anchor George Stephanopoulos’s accurate but technically imprecise use of the word “rape,” exemplifies the media’s self-censorship. This capitulation, far from an isolated incident, reflects a broader trend of media organizations prioritizing appeasement of Trump over defending press freedoms, as seen in various instances of self-imposed restrictions. This self-censorship allows Trump to effectively silence dissent without needing legal changes, rendering the media complicit in eroding its own First Amendment rights. Ultimately, the future of press freedom depends on the public’s willingness to reject media outlets prioritizing self-preservation over truth.

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Supreme Court Likely to Uphold TikTok Ban

The Supreme Court heard arguments regarding a potential TikTok ban, focusing on national security concerns versus First Amendment rights. The justices largely sided with the government’s argument that ByteDance’s control poses a security risk due to potential Chinese government data access and manipulation. Debate centered on the extent of China’s influence over TikTok and whether less restrictive measures could address these concerns. The Court also considered the potential consequences of a ban, including the impact on TikTok users and the possibility of President-elect Trump’s non-enforcement.

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Tennessee’s Porn Law Blocked: Supreme Court Showdown Looms

A Tennessee law mandating age verification for pornographic websites was largely blocked by a federal judge who ruled it violated First Amendment rights and would be ineffective at preventing minors’ access. The judge cited the effectiveness of parental controls and the potential for circumvention via VPNs. While the state is appealing, the ruling follows similar legal challenges in other states, with the Supreme Court set to hear arguments on a related Texas law. The law’s opponents argue it is unconstitutional and ineffective, while supporters maintain it protects children.

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Supreme Court Case Threatens Free Speech Protections Over Pornography

The Supreme Court will hear *Free Speech Coalition v. Paxton*, a case concerning a Texas law requiring age verification for online pornography. This law is nearly identical to a federal law struck down in *Ashcroft v. ACLU*, which the Fifth Circuit Court defied by upholding the Texas law despite the precedent. While Texas argues for modifying First Amendment protections regarding pornography, it also suggests the existence of privacy-preserving age-verification technology that could justify such laws. A ruling could either reaffirm existing precedents or significantly alter the balance between protecting minors and adult access to sexual content.

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RFK Jr.’s Call to Ban Drug Ads: A Good Idea, But Easy?

Robert F. Kennedy Jr.’s proposal to ban drug advertisements from television is garnering unexpected support, even from those who vehemently disagree with his other stances. The idea itself seems straightforward: remove the constant barrage of pharmaceutical commercials from our screens. It’s a sentiment shared by many who find these ads manipulative, misleading, and ultimately, unhelpful in making informed healthcare decisions.

However, the practicality of such a ban is far from simple. The pharmaceutical industry wields significant political and financial power, making a legislative victory unlikely without a substantial public outcry and unwavering political will. The sheer amount of money at stake makes any attempt to significantly curtail these ads a formidable challenge.… Continue reading

Arkansas Judge Rules Parts of Law Targeting Librarians Unconstitutional

Judge Timothy Brooks declared portions of Arkansas Act 372 unconstitutional, blocking its ability to criminally prosecute librarians and booksellers for providing minors access to “harmful” materials. The law, challenged by a coalition including the Central Arkansas Library System, was deemed to promote censorship by creating a system where fear of prosecution would lead to self-censorship. Attorney General Tim Griffin plans to appeal the decision, while Governor Sarah Huckabee Sanders maintains support for the law, mirroring similar legislative efforts in other states.

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Trump Sues Iowa Pollster, Media Outlet Over Election Results

President-elect Trump is suing pollster J. Ann Selzer, The Des Moines Register, and Gannett, alleging violations of the Iowa Consumer Fraud Act due to a pre-election poll showing Kamala Harris with a surprising lead in Iowa. This lawsuit, while unlikely to succeed, is part of Trump’s broader campaign against what he views as left-leaning media coverage. The suit claims the poll’s results constituted election interference, despite the poll’s methodology being unremarkable and Trump ultimately winning Iowa by a significant margin. Legal experts widely condemn the lawsuit as a baseless attack on the First Amendment and a chilling tactic against the press.

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Trump Threatens Lawsuit Over Unfavorable Poll

Following a defamation lawsuit settlement with ABC News, Donald Trump announced plans to file further suits against media outlets. His target includes the Des Moines Register due to a poll that underestimated his electoral support in Iowa, despite his actual victory margin. This action, coupled with existing lawsuits against other news organizations, reflects Trump’s declared war on what he deems a corrupt press. Critics fear this emboldens him to further stifle media criticism and sets a concerning precedent for future legal battles.

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