News
Welcome to the News community!
Rules:
1. Be civil
Attack the argument, not the person. No racism/sexism/bigotry. Good faith argumentation only. This includes accusing another user of being a bot or paid actor. Trolling is uncivil and is grounds for removal and/or a community ban. Do not respond to rule-breaking content; report it and move on.
2. All posts should contain a source (url) that is as reliable and unbiased as possible and must only contain one link.
Obvious right or left wing sources will be removed at the mods discretion. We have an actively updated blocklist, which you can see here: https://lemmy.world/post/2246130 if you feel like any website is missing, contact the mods. Supporting links can be added in comments or posted seperately but not to the post body.
3. No bots, spam or self-promotion.
Only approved bots, which follow the guidelines for bots set by the instance, are allowed.
4. Post titles should be the same as the article used as source.
Posts which titles don’t match the source won’t be removed, but the autoMod will notify you, and if your title misrepresents the original article, the post will be deleted. If the site changed their headline, the bot might still contact you, just ignore it, we won’t delete your post.
5. Only recent news is allowed.
Posts must be news from the most recent 30 days.
6. All posts must be news articles.
No opinion pieces, Listicles, editorials or celebrity gossip is allowed. All posts will be judged on a case-by-case basis.
7. No duplicate posts.
If a source you used was already posted by someone else, the autoMod will leave a message. Please remove your post if the autoMod is correct. If the post that matches your post is very old, we refer you to rule 5.
8. Misinformation is prohibited.
Misinformation / propaganda is strictly prohibited. Any comment or post containing or linking to misinformation will be removed. If you feel that your post has been removed in error, credible sources must be provided.
9. No link shorteners.
The auto mod will contact you if a link shortener is detected, please delete your post if they are right.
10. Don't copy entire article in your post body
For copyright reasons, you are not allowed to copy an entire article into your post body. This is an instance wide rule, that is strictly enforced in this community.
view the rest of the comments
What are the odds this stands up in court? It seems like an easy legal victory for TikTok.
On what basis? The legal power of the US government to break up or otherwise force divestment of corporate assets is the basis upon which antitrust law is built. The only way this law could be overturned is it's found unconstitutional, and if that happens, you can say goodbye to the FTC.
Lmao. Then bring an anti-trust case? That power is specifically in reference to that and requires the government to prove it's case in court. Not just make a declaration.
You're missing my point.
In the case of antitrust law, the government has to prove its case in court because that's the way the Sherman Act and related laws are written, not because the constitution necessarily requires it. And it's the constitutional interpretation that matters as this is a law passed by Congress. A constitutional challenge is the only way to reverse it.
That said, TikTok is owned by a Chinese organization. So if I'm wrong and the constitution does protect corporations from forced divestment in a situation like this, it wouldn't apply to TikTok. This is much closer to protectionist trade policy and I'm not aware of any cases where such acts were found to be unconstitutional. To the contrary, as a recent example, Huawei was banned from American markets on national security grounds (see: CFIUS) and while challenged in court, those challenges were defeated. And then there's OFAC and the entire American sanctions regime (e.g. Russian asset seizures).
To be clear: I am not saying I support this ban one way or the other. I'm saying the belief that this will easily be struck down in court is misguided and that it's not an obvious slam dunk.
Huawei was banned from critical infrastructure. You can still buy their products for personal use.
And the Anti-Trust laws were written that way because that's the Due Process the Constitution demands. The executive cannot just declare something punitive. That has been the standard for over 200 years.
Also, if there aren't rights for foreigners in the US then there aren't rights for citizens. Because the loss of your rights is always just one declaration away. Which is why rights for everyone inside our borders has been the standard for 70 years.
In what way does that invalidate it as an example?
CFIUS and OFAC would beg to differ.
Bytedance isn't inside your borders and the constitution doesn't protect extra-nationals. There's a reason Guantanamo Bay still exists.
You wouldn't be able to use TikTok as a personal thing. This isn't critical infrastructure.
So again. Not personal use. Also, refunding an investment is entirely different than shutting down a business.
And LMAO. If Bytedance wasn't inside the borders then this wouldn't matter. Saying they aren't inside the borders is possibly the most hilarious bad faith thing I've seen in this entire debacle.
I'm sorry, but this is irrelevant. Look at the list of CFIUS cases. Among them:
Would you agree that Grindr probably doesn't count as "critical infrastructure"?
(BTW, before you mention it, the CFIUS case on that list vis a vis TikTok was reversed by the court because they ruled the executive exceeded the bounds of the IEEPA, not because the IEEPA itself was unconstitutional).
LOL security risks are literally the justification for the bill. The bill even says as much:
So if CFIUS is constitutional, then I fail to see why this law is any different.
Look, again, I get it, I think the law is dumb, too.
But it is absolutely not a slam dunk that the law will get struck down by the courts, whether you like it or not.
The difference between your position and mine is I can acknowledge I may turn out to be wrong.
Furthermore, ByteDance absolutely is not operating within US borders. It's incorporated in China and the Caymans (in the latter case as a variable interest entity so that Americans can buy economic exposure to ByteDance shares that otherwise don't trade on any US stock exchanges).
TikTok, a wholly own subsidiary, is incorporated within the US. A forced divestiture affects the parent company (ByteDance).
The real question is whether the ban itself, if divestment doesn't occur, would be constitutional, given that would affect TikTok Ltd., and that, to me, is unclear, and I expect it's that portion of the law where TikTok is most likely to succeed in courts.
Oh no the government said it was for national security! That's it folks pack it up. As everyone knows nobody has any rights once the President mentions the words National and Security together!
Also, did you just admit CFIUS doesn't apply?
Stop justifying Unconstitutional shit just because someone said the scary words.
Ahhh my bad. I noticed you seemed to fail at reading comprehension earlier but I didn't realize it was a chronic condition. Carry on!