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U.S. TikTok ban is nearing after another court defeat

good morning. Welcome to the Essential California Newsletter. the Sunday. I’m your host, Andrew J. Campa. Here’s what you need to know to start your weekend.

Perhaps no social media application provides as accurate an insight into the daily life, thought processes, ambitions, and insanity/blandness of the average American as TikTok.

A quick scroll will reveal the next video post. thanksgiving dinner discussion, high school drama,random joke and assignment and lots of unsolicited song.

Central to Congress’ push to ban the app is the Chinese-owned platform’s hoarding of American data.

TikTok’s future in the U.S. looks bleak after the company lost a major legal battle Friday to block its banning.

My colleagues Wendy Li and Andrea Chan provided detailed analysis of TikTok and the tools available to lawmakers.

Why do lawmakers want to ban TikTok?

TikTok, owned by Chinese company ByteDance, has faced intense scrutiny from U.S. government officials over how it handles user data and its relationship with China.

TikTok attracts attention An estimated 150 million Americans Approximately half of them are active users each month, making it one of them. most popular Domestic apps — despite concerns privacy, false alarm and Harm to young users.

In April, President Biden signed a provision that could ban TikTok in the United States if it is not sold within nine months (January 19). President Biden could grant a one-time 90-day extension by then.

Lawmakers supporting the law said the ban or sale was necessary to address national security concerns posed by the app’s ties to China.

US attorney. Gen. Merrick Garland welcomed the ruling on the ban, saying the court’s decision confirmed that the TikTok bill is consistent with the Constitution.

“Today’s decision confirms that the Chinese government has weaponized TikTok to gather sensitive information about millions of Americans, covertly manipulate the content delivered to American viewers, and use “This is an important step in preventing this from compromising national security.”

What are the latest updates?

TikTok sued the government in May, asking the U.S. Court of Appeals to declare the law unconstitutional.

TikTok said in its lawsuit that the law violates its First Amendment right to free speech. The company argued that the law “does not support the idea” that Chinese ownership poses a national security risk.

“On the merits, we reject each of appellant’s constitutional claims,” ​​Justice Douglas Ginsburg said in the court’s decision issued Friday.

“The First Amendment exists to protect free speech in the United States,” Ginsburg wrote. “Here, the government acted solely to protect its freedoms from a foreign adversary and to limit that adversary’s ability to collect data about people within the United States.”

What does prohibition mean?

TikTok’s block could affect the livelihoods of many Southern California video creators who post content on the platform and earn significant income from it.

Small businesses are using TikTok to promote their products, and video creators are moving to LA to be closer to offices in Culver City. The company employs about 500 people in Culver City, according to city data.

What’s the next step?

Legal experts expect TikTok to appeal to the Supreme Court.

“The Supreme Court has a historic record of protecting Americans’ right to free speech, and will do the same on this important constitutional issue,” TikTok spokesperson Michael Hughes said in a statement. I hope so.” “Unfortunately, the TikTok ban was conceived and enforced based on inaccurate and flawed assumptions, resulting in blatant censorship of the American public.”

President-elect Donald Trump, who has endorsed TikTok, may also offer support.

Once Trump enters the White House, he has several options.

He could try to move Congress to amend or repeal the law. Direct the government not to enforce the law. Or directing the Justice Department not to defend the government if the TikTok case goes to the Supreme Court.

“Ultimately, the president’s options may be limited,” said Anthony Rapa, a Washington, D.C.-based partner and co-chair of the international trade practice at law firm Blank Rome.

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Have a great weekend! From the Essential California team

Reporter Andrew J. Campa
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