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VOICE ARCHIVE

Mark Joseph Stern

@mjsdc
17 posts
2025-01-21
TikTok, Oracle, Apple, and other companies should remember that the ban has a five-year statute of limitations, and the next administration could bring penalties for violations of the law that occur *today* with Trump's blessing.
2025-01-21 View on X
NPR

Trump signs an EO seeking to pause the TikTok ban for 75 days, in a bid to give him time to negotiate a resolution and protect TikTok's providers from liability

President Trump signed an executive order on Monday seeking to hit pause on a law banning TikTok and to provide a liability shield …

2025-01-20
TikTok is 100% violating federal law by coming back online today.  Trump cannot legally push back the ban's effective date ... and he isn't even president yet!  The company is taking a HUGE gamble that could trigger ruinous financial penalties.
2025-01-20 View on X
The Verge

TikTok restores its service in the US, thanking Donald Trump for “the necessary clarity and assurance to our service providers that they will face no penalties”

The company said this afternoon that it is “in the process of restoring service” and thanked President-elect Trump for …

2025-01-18
The Supreme Court also declines to consider “classified evidence,” which the government refused to show the public, that allegedly supported the ban, relying on publicly available information instead.  (Gorsuch had concerns about this at argument and supports the court's approach in a concurrence.)
2025-01-18 View on X
CNBC

TikTok says it will go dark in the US on Sunday unless the Biden admin provides a “definitive statement” to critical service providers assuring non-enforcement

TikTok said its services will go dark on Sunday without a guarantee from the Biden administration that it won't punish Apple …

The Supreme Court UPHOLDS the TikTok ban with no noted dissents, turning away a First Amendment challenge: www.supremecourt.gov/opinions/ 24p...
2025-01-18 View on X
CNBC

TikTok says it will go dark in the US on Sunday unless the Biden admin provides a “definitive statement” to critical service providers assuring non-enforcement

TikTok said its services will go dark on Sunday without a guarantee from the Biden administration that it won't punish Apple …

The Supreme Court holds that strict scrutiny does NOT apply to the TikTok ban, applying intermediate scrutiny instead.  And the court relies SOLELY on Congress' argument that TikTok gives the Chinese govt access to private data, declining to endorse the “covert manipulation of content” rational.
2025-01-18 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, saying free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

but Trump Lobbying May Save It Tripp Mickle / New York Times : Oracle May Hold TikTok's Future in Its Hands Solcyré Burga / Time : Everything Trump Has Said About the TikTok Ban Da...

The Supreme Court also declines to consider “classified evidence,” which the government refused to show the public, that allegedly supported the ban, relying on publicly available information instead.  (Gorsuch had concerns about this at argument and supports the court's approach in a concurrence.)
2025-01-18 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, saying free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

but Trump Lobbying May Save It Tripp Mickle / New York Times : Oracle May Hold TikTok's Future in Its Hands Solcyré Burga / Time : Everything Trump Has Said About the TikTok Ban Da...

The Supreme Court UPHOLDS the TikTok ban with no noted dissents, turning away a First Amendment challenge: www.supremecourt.gov/opinions/ 24p...
2025-01-18 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, saying free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

but Trump Lobbying May Save It Tripp Mickle / New York Times : Oracle May Hold TikTok's Future in Its Hands Solcyré Burga / Time : Everything Trump Has Said About the TikTok Ban Da...

The Supreme Court holds that strict scrutiny does NOT apply to the TikTok ban, applying intermediate scrutiny instead.  And the court relies SOLELY on Congress' argument that TikTok gives the Chinese govt access to private data, declining to endorse the “covert manipulation of content” rational.
2025-01-18 View on X
CNBC

TikTok says it will go dark in the US on Sunday unless the Biden admin provides a “definitive statement” to critical service providers assuring non-enforcement

TikTok said its services will go dark on Sunday without a guarantee from the Biden administration that it won't punish Apple …

2025-01-17
The Supreme Court UPHOLDS the TikTok ban with no noted dissents, turning away a First Amendment challenge: www.supremecourt.gov/opinions/ 24p...
2025-01-17 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, says free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

The Supreme Court upheld a law that threatens to shut down the wildly popular TikTok social media platform in the US as soon as Sunday …

The Supreme Court also declines to consider “classified evidence,” which the government refused to show the public, that allegedly supported the ban, relying on publicly available information instead.  (Gorsuch had concerns about this at argument and supports the court's approach in a concurrence.)
2025-01-17 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, says free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

The Supreme Court upheld a law that threatens to shut down the wildly popular TikTok social media platform in the US as soon as Sunday …

The Supreme Court holds that strict scrutiny does NOT apply to the TikTok ban, applying intermediate scrutiny instead.  And the court relies SOLELY on Congress' argument that TikTok gives the Chinese govt access to private data, declining to endorse the “covert manipulation of content” rational.
2025-01-17 View on X
Bloomberg

SCOTUS upholds the TikTok divest-or-ban law, says free speech rights must yield to concerns that Chinese control of the app creates a national-security risk

The Supreme Court upheld a law that threatens to shut down the wildly popular TikTok social media platform in the US as soon as Sunday …

2024-12-29
A brand new principle of constitutional law, unfolding before our eyes: It is unconstitutional (!) for Congress to enact a law that happens to take effect one day before the next president is inaugurated, at least if he's named Trump. www.supremecourt.gov/DocketPDF/ 24...  [image]
2024-12-29 View on X
New York Times

How Donald Trump went from backing a TikTok ban in 2020 to backing off in 2024, as he became a political star on the platform with more than 14.7M followers

In 2020, he moved to ban the Chinese-owned app.  Now, he is opposing the Biden administration's effort to do just that.

Trump's TikTok brief just fundamentally doesn't make sense: How could SCOTUS freeze the Jan. 19 deadline on the grounds that Trump might ... unlawfully suspend it when he gets into office?  Rewrite the law now so Trump can break it later?  The ask here is incoherent. www.supremecourt.gov/DocketPDF/ 24... …
2024-12-29 View on X
New York Times

How Donald Trump went from backing a TikTok ban in 2020 to backing off in 2024, as he became a political star on the platform with more than 14.7M followers

In 2020, he moved to ban the Chinese-owned app.  Now, he is opposing the Biden administration's effort to do just that.

A brand new principle of constitutional law, unfolding before our eyes: It is unconstitutional (!) for Congress to enact a law that happens to take effect one day before the next president is inaugurated, at least if he's named Trump. www.supremecourt.gov/DocketPDF/ 24...  [image]
2024-12-29 View on X
Bloomberg

Filing: Trump asks SCOTUS to pause the law that could ban TikTok, saying the court should give him time to “pursue a political resolution” of the dispute

- Biden administration says Chinese control of app is threat  — TikTok says law infringes rights of 170 million Americans

Trump's TikTok brief just fundamentally doesn't make sense: How could SCOTUS freeze the Jan. 19 deadline on the grounds that Trump might ... unlawfully suspend it when he gets into office?  Rewrite the law now so Trump can break it later?  The ask here is incoherent. www.supremecourt.gov/DocketPDF/ 24... …
2024-12-29 View on X
Bloomberg

Filing: Trump asks SCOTUS to pause the law that could ban TikTok, saying the court should give him time to “pursue a political resolution” of the dispute

- Biden administration says Chinese control of app is threat  — TikTok says law infringes rights of 170 million Americans

2024-12-28
Trump's TikTok brief just fundamentally doesn't make sense: How could SCOTUS freeze the Jan. 19 deadline on the grounds that Trump might ... unlawfully suspend it when he gets into office?  Rewrite the law now so Trump can break it later?  The ask here is incoherent. www.supremecourt.gov/DocketPDF/ 24... …
2024-12-28 View on X
Bloomberg

Filing: Trump asks SCOTUS to pause the law that could ban TikTok, saying the court should give him time to “pursue a political resolution” of the dispute

- Biden administration says Chinese control of app is threat  — TikTok says law infringes rights of 170 million Americans

A brand new principle of constitutional law, unfolding before our eyes: It is unconstitutional (!) for Congress to enact a law that happens to take effect one day before the next president is inaugurated, at least if he's named Trump. www.supremecourt.gov/DocketPDF/ 24...  [image]
2024-12-28 View on X
Bloomberg

Filing: Trump asks SCOTUS to pause the law that could ban TikTok, saying the court should give him time to “pursue a political resolution” of the dispute

- Biden administration says Chinese control of app is threat  — TikTok says law infringes rights of 170 million Americans