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Cookingboy commented on Supreme Court upholds TikTok ban, but Trump might offer lifeline   cnbc.com/2025/01/17/supre... · Posted by u/kjhughes
gmd63 · a year ago
Agreed. TikTok allows people to speak into the app, and to receive speech, but the act of organizing and strategically disseminating the speech is not speech -- it's societal scale hormone regulation and should be controlled for the health of the national body. It's wild that so many people are up in arms about TikTok when it is a Chinese app that is banned in China, where apps are heavily restricted.

For anyone who does consider these algorithms speech, I challenge you to share a single person at any social media company who has taken direct responsibility over a single content feed of an individual user. How can speech exist if nobody is willing to take ownership of it?

Cookingboy · a year ago
>the act of organizing and strategically disseminating the speech is not speech

It is, and the court acknowledged that editorial control is protected speech.

The ruling was made based on data privacy ground, not First Amendment Speech ground.

Cookingboy commented on Supreme Court upholds TikTok ban, but Trump might offer lifeline   cnbc.com/2025/01/17/supre... · Posted by u/kjhughes
creddit · a year ago
Because there is no "TikTok" ban and never has been.

There is a "TikTok cannot be controlled by the CCP" law. TikTok is completely legal under the law as long as they divest it. However, in a great act of self-incrimination, Bytedance (de facto controlled by CCP) has decided to not divest and would rather shutdown instead.

Cookingboy · a year ago
>owever, in a great act of self-incrimination, Bytedance (de facto controlled by CCP) has decided to not divest and would rather shutdown instead.

How is it self-incrimination? That logic doesn't work.

80% of TikTok's users are outside of the U.S., why would they sell the whole thing?

And the law is written in a way that there is no value to just sell the American operation without the algorithm, they have to sell the whole thing, including the algorithm, in order for there to be a serious buyer.

It's technology highway robbery. Imagine if China told Apple "sell to us or be banned", we'd tell them to pound sand too.

Cookingboy commented on TikTok preparing for U.S. shut-off on Sunday   reuters.com/technology/ti... · Posted by u/xnhbx
drawkward · a year ago
> it's about banning dissent

On the contrary, I think it is about banning a propaganda and social engineering vector that is under the thumb of an adversarial foreign government. That, for me, is enough of a reason to ban it and justify it under our constitution.

The fact that I am in favor of banning all social media should tell you that it is not ideological, but rather that I think social media is extremely addictive, and has huge negative externalities.

Cookingboy · a year ago
> I think it is about banning a propaganda

The problem of allowing government banning propaganda is it allows government to ban anything they label as propaganda. There is no law defining what's propaganda, so you just end up with the government being able to ban any information they don't like.

Imagine the government drums up for another illegal war like Iraq using fake evidence, and we ban all counter evidence as "foreign propaganda". Do you not see how dangerous that gets?

>That, for me, is enough of a reason to ban it and justify it under our constitution

The Supreme Court has explicitly ruled in the past foreign propaganda is protected speech under First Amendment.

You cannot strip American citizens' rights to receive foreign propaganda if they choose to do so.

Cookingboy commented on Luigi Mangione's account has been renamed on Stack Overflow   substack.evancarroll.com/... · Posted by u/OsrsNeedsf2P
Aurornis · a year ago
> Given the mismatch between public sentiment and the reporting on all things Luigi Mangione, the establishment is really scared

Polling numbers (actual gauge of public sentiment) show a net disapproval for Mangione: https://stratpolitics.org/2024/12/unitedhealthcare-poll/

If anything, the news media has been trying to push the Mangione debate and controversy at every chance, like the above article that was selectively written to highlight demographic groups that showed higher approval of Mangione first.

Thinking that “the establishment” is a collective of all major companies that act in unison is conspiratorial thinking. Don’t think for a second that the news media wouldn’t hesitate to push and profit from the controversy.

Cookingboy · a year ago
At the risk of sounding like a conspiracist, I absolutely do not believe any polling number from established institutions here.
Cookingboy commented on US lawmakers tell Apple, Google to be ready to remove TikTok from stores Jan. 19   reuters.com/legal/us-lawm... · Posted by u/thunderbong
Cookingboy · a year ago
>There are a bunch and they are very easy to find.

Really? Because the U.S. government, in their own court filing, have openly admitted that there is no evidence of TikTok's wrong doing in terms of manipulating information.

I don't think it gets much more authoritative than U.S. government's own court filing.

The link you provided has been debunked over and over again. It was a paid-for study aimed to generate certain conclusion.

And its methodology is silly at best, insane at worst (uses U.S. social media company as a control group for neutrality on China lmao).

Cookingboy commented on US lawmakers tell Apple, Google to be ready to remove TikTok from stores Jan. 19   reuters.com/legal/us-lawm... · Posted by u/thunderbong
shlant · a year ago
> Secondly no, it's not illegal to spread misinformation, no matter the motive. The First Amendment absolutely guarantees that right.

Again, does NOBODY know what the first amendment covers???

If you yell FIRE in a crowded theatre (misinformation) that is not covered by the 1st amendment[1]. Please stop talking confidently about something you don't understand.

[1] https://en.wikipedia.org/wiki/Schenck_v._United_States

Edit: Schenck v. United States was largely overturned by Brandenburg v. Ohio but not completely, only limiting the scope. There are also many other examples that could be used to show that spreading misinformation is not blanket covered by 1a (defamation for example).

Cookingboy · a year ago
If you do understand First Amendment then you should also understand that foreign propaganda is protected speech, and is not treated as yelling fire in a crowded theater:

https://firstamendment.mtsu.edu/article/lamont-v-postmaster-...

Cookingboy commented on US lawmakers tell Apple, Google to be ready to remove TikTok from stores Jan. 19   reuters.com/legal/us-lawm... · Posted by u/thunderbong
Cookingboy · a year ago
>It is illegal if it is paid for foreign state and undeclared.

Good. Because ByteDance has never tried to hide the fact that it's a Chinese company. So that argument wouldn't matter even if there are evidence of them pushing Chinese propaganda.

Cookingboy commented on US lawmakers tell Apple, Google to be ready to remove TikTok from stores Jan. 19   reuters.com/legal/us-lawm... · Posted by u/thunderbong
jkaplowitz · a year ago
> Secondly no, it's not illegal to spread misinformation, no matter the motive. The First Amendment absolutely guarantees that right.

Not accurate, no, assuming that by misinformation you mean information that the author knows to be false. To name just two quite legally clear examples with no inherent connection to foreign states, US defamation law and US product liability law often create civil liability and occasionally even criminal liability for certain categories of knowingly false statements.

But, sure, spreading misinformation is not always illegal, and a blanket ban on that would indeed violate the First Amendment even though more targeted bans have been upheld as passing the relevant judicial tests for laws affecting First Amendment rights.

Cookingboy · a year ago
>even though more targeted bans have been upheld as passing the relevant judicial tests for laws affecting First Amendment rights.

Such as?

Cookingboy commented on US lawmakers tell Apple, Google to be ready to remove TikTok from stores Jan. 19   reuters.com/legal/us-lawm... · Posted by u/thunderbong
dgfitz · a year ago
> … if you say TikTok is being banned for the possibility of "weaponized propaganda", then it is information being suppressed

Eliminating weaponized propaganda is not even a little bit close to suppressing freedom of speech. Your argument falls apart there, like completely.

Cookingboy · a year ago
Except it is. The Supreme Court has actually ruled that the First Amendment rights for Americans to receive foreign propaganda, even during the Cold War:

https://firstamendment.mtsu.edu/article/lamont-v-postmaster-...

I don't think you know what the First Amendment is. Not only does it guarantee freedom of expression, but also freedom to receive other's expression and speech.

The U.S. government is not allowed to ban any foreign books, movies, or even propaganda.

I really wish people like you do a little bit research before making such a confident statement like that.

u/Cookingboy

KarmaCake day3574September 30, 2011View Original