TikTok on the Clock: US Appeals Court Hits the “Ban” Button

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Published

3 months ago

12 minute read

The winds of Washington are blowing icy cold for TikTok this December. A federal appeals court panel handed down a ruling today that could send the app packing— or at least force it into a kind of corporate divorce.

The US Court of Appeals for the District of Columbia Circuit has today declared the law threatening TikTok’s existence to be totally constitutional, leaving the platform to fight for its digital life. In short, TikTok has until mid-January to break ties with its Beijing-based parent, ByteDance, or risk an outright ban in the United States.

TikTok responded with the following statement:

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”

The Free Speech Shuffle

TikTok played the First Amendment card, arguing that banning the platform would stomp on Americans’ free speech rights. But the court wasn’t having it, throwing in a little verbal aikido about protecting actual freedom.

“The First Amendment exists to protect free speech in the United States,” the court wrote, presumably while straightening its tie in a metaphorical mirror. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

Translation: TikTok, it’s not you — it’s China.

TikTok has been accused of being influenced by the Chinese Communist Party.

ByteDance’s Legal Tango

TikTok and its parent company, ByteDance, is already planning to appeal to the Supreme Court because apparently, they’re gluttons for punishment. And hey, why not? When you’re staring down a deadline that could nuke your entire US business, you either fight or fold.

But here’s where it gets interesting: the same President-elect Donald Trump who once tried to fire TikTok like it was a contestant on The Apprentice now says he’s against a ban. Trump has promised to swoop in and “save” the platform during his second term.

The law itself was signed by President Joe Biden in April, marking a rare bipartisan moment in a town otherwise allergic to cooperation. For years, Washington has been gnashing its teeth over TikTok’s ties to the Chinese government, accusing the app of being a national security threat disguised as a dance challenge factory.

Of course, critics argue this is about power. TikTok’s cultural dominance has made it an unpredictable disruptor, threatening not only Big Tech’s grip on social media but also giving the average American teen more clout than your local senator.

Government officials argue that the app’s voracious appetite for user data could lead to sensitive information, from browsing histories to biometric identifiers, being vacuumed up by the Chinese communist government. But the main issue? The proprietary algorithm, that magical machine-learning potion that keeps you scrolling at 2 a.m., is painted as a weapon of influence — a subtle but powerful propaganda tool ready to tweak your feed for Beijing’s benefit.

Except, there’s a catch: a good chunk of the government’s evidence for these claims is locked behind classified curtains. TikTok’s attorneys — and by extension the American public — are left in the dark.

More than 170 million Americans use TikTok.

TikTok Fights Back

TikTok has steadfastly denied being a Chinese Trojan horse, insisting that no evidence exists to prove they’ve ever handed over data to Beijing. As for the algorithm? TikTok says any suggestion of manipulation is pure speculation. Their legal team hammered home that the government’s arguments rely on what might happen in the future — a slippery foundation for ripping apart a platform that’s glued to the cultural zeitgeist.

But the Department of Justice isn’t just playing futurist. It has hinted — vaguely and ominously — at unspecified past actions by TikTok and ByteDance in response to Chinese government demands. The key word here is “unspecified,” because whatever receipts the DOJ might have, they’re conveniently out of reach for TikTok’s lawyers, the media, or anyone else.

A Courtroom Tango: First Amendment vs. National Security

The appeals court panel, a politically mixed trio of judges, seemed as torn as the rest of us about how far Uncle Sam can stretch its First Amendment arguments to justify banning an app with foreign ties. Over two hours of oral arguments in September, the judges volleyed tough questions at both sides.

Can the government really shut down a platform just because it’s foreign-owned? the judges asked, channeling TikTok’s core argument. On the flip side: What happens if this platform turns into a covert disinformation campaign during wartime? they wondered, invoking wartime-era laws restricting foreign ownership of broadcast licenses.

Both sides twisted themselves into legal yoga poses. TikTok’s lawyer, Andrew Pincus, argued that a private company — even one with foreign owners — deserves constitutional protections. The DOJ’s Daniel Tenny countered that the government has a duty to head off potential foreign interference, even if the threat isn’t fully realized yet.

$2 Billion in Data Defenses

TikTok itself hasn’t just been sitting back while lawyers spar. The company claims it’s invested over $2 billion to fortify its US data, including setting up Project Texas — a heavily marketed initiative to store American user data on servers managed by Oracle. ByteDance has also floated the idea of a comprehensive draft agreement that it says could have eased Washington’s fears years ago.

But according to TikTok, the Biden administration ghosted them, walking away from the negotiating table without offering a viable path forward. The DOJ insists the draft didn’t go far enough, but skeptics wonder if the government’s hardline stance is less about national security and more about flexing control over Big Tech.

Divestment Drama

Washington’s solution to the TikTok dilemma sounds deceptively simple: ByteDance should sell the US arm of TikTok. However attorneys for the company argue that such a divestment would be a logistical and commercial nightmare. And without TikTok’s algorithm—intellectual property that Beijing is unlikely to let go of—the app would lose its magic. Imagine TikTok without its eerily intuitive feed: it’d be MySpace 2.0, a ghost town for millennials waxing nostalgic.

Still, some sharks smell blood in the water. Billionaire Frank McCourt and former Treasury Secretary Steven Mnuchin have rallied a consortium with over $20 billion in informal commitments to snap up TikTok’s US operations.
A Perfect Storm of Lawsuits

TikTok isn’t going down without a fight and it’s bringing allies to the battlefield. The company’s legal challenge has been bundled with lawsuits from several content creators, who argue that losing the platform would gut their livelihoods, and conservative influencers who claim a ban would silence their political speech. TikTok, ever the sugar daddy, is footing the legal bills for its creators — a savvy PR move if ever there was one.

The Clock is Ticking

If TikTok’s Hail Mary appeal to the Supreme Court fails, it’ll be up to President Trump’s Justice Department to enforce the ban. That means app stores would have to scrub TikTok from their offerings, and hosting services would be barred from supporting it.

And what happens to the millions of creators, small businesses, and teenagers who’ve turned TikTok into a cultural juggernaut? Well, they’ll probably migrate to Instagram Reels or YouTube Shorts—platforms that coincidentally happen to be owned by US tech giants who’ve been salivating at the thought of TikTok’s demise.

This is far from over.

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Worst kept secret—red tape strangling Canada’s economy

Published on February 22, 2025

Todayville

From the Fraser Institute

By Matthew Lau

In the past nine years, business investment in Canada has fallen while increasing more than 30 per cent in the U.S. on a real per-person basis. Workers in Canada now receive barely half as much new capital per worker than in the U.S.

According to a new Statistics Canada report, government regulation has grown over the years and it’s hurting Canada’s economy. The report, which uses a regulatory burden measure devised by KPMG and Transport Canada, shows government regulatory requirements increased 2.1 per cent annually from 2006 to 2021, with the effect of reducing the business sector’s GDP, employment, labour productivity and investment.

Specifically, the growth in regulation over these years cut business-sector investment by an estimated nine per cent and “reduced business start-ups and business dynamism,” cut GDP in the business sector by 1.7 percentage points, cut employment growth by 1.3 percentage points, and labour productivity by 0.4 percentage points.

While the report only covered regulatory growth through 2021, in the past four years an avalanche of new regulations has made the already existing problem of overregulation worse.

The Trudeau government in particular has intensified its regulatory assault on the extraction sector with a greenhouse gas emissions cap, new fuel regulations and new methane emissions regulations. In the last few years, federal diktats and expansions of bureaucratic control have swept the auto industry, child care, supermarkets and many other sectors.

Again, the negative results are evident. Over the past nine years, Canada’s cumulative real growth in per-person GDP (an indicator of incomes and living standards) has been a paltry 1.7 per cent and trending downward, compared to 18.6 per cent and trending upward in the United States. Put differently, if the Canadian economy had tracked with the U.S. economy over the past nine years, average incomes in Canada would be much higher today.

Also in the past nine years, business investment in Canada has fallen while increasing more than 30 per cent in the U.S. on a real per-person basis. Workers in Canada now receive barely half as much new capital per worker than in the U.S., and only about two-thirds as much new capital (on average) as workers in other developed countries.

Consequently, Canada is mired in an economic growth crisis—a fact that even the Trudeau government does not deny. “We have more work to do,” said Anita Anand, then-president of the Treasury Board, last August, “to examine the causes of low productivity levels.” The Statistics Canada report, if nothing else, confirms what economists and the business community already knew—the regulatory burden is much of the problem.

Of course, regulation is not the only factor hurting Canada’s economy. Higher federal carbon taxes, higher payroll taxes and higher top marginal income tax rates are also weakening Canada’s productivity, GDP, business investment and entrepreneurship.

Finally, while the Statistics Canada report shows significant economic costs of regulation, the authors note that their estimate of the effect of regulatory accumulation on GDP is “much smaller” than the effect estimated in an American study published several years ago in the Review of Economic Dynamics. In other words, the negative effects of regulation in Canada may be even higher than StatsCan suggests.

Whether Statistics Canada has underestimated the economic costs of regulation or not, one thing is clear: reducing regulation and reversing the policy course of recent years would help get Canada out of its current economic rut. The country is effectively in a recession even if, as a result of rapid population growth fuelled by record levels of immigration, the GDP statistics do not meet the technical definition of a recession.

With dismal GDP and business investment numbers, a turnaround—both in policy and outcomes—can’t come quickly enough for Canadians.

Matthew Lau

Adjunct Scholar, Fraser Institute

Business

‘Out and out fraud’: DOGE questions $2 billion Biden grant to left-wing ‘green energy’ nonprofit`

Published on February 22, 2025

Todayville

From LifeSiteNews

By Calvin Freiburger

The EPA under the Biden administration awarded $2 billion to a ‘green energy’ group that appears to have been little more than a means to enrich left-wing activists.

The U.S. Environmental Protection Agency (EPA) under the Biden administration awarded $2 billion to a “green energy” nonprofit that appears to have been little more than a means to enrich left-wing activists such as former Democratic candidate Stacey Abrams.

Founded in 2023 as a coalition of nonprofits, corporations, unions, municipalities, and other groups, Power Forward Communities (PFC) bills itself as “the first national program to finance home energy efficiency upgrades at scale, saving Americans thousands of dollars on their utility bills every year.” It says it “will help homeowners, developers, and renters swap outdated, inefficient appliances with more efficient and modernized options, saving money for years ahead and ensuring our kids can grow up with cleaner, pollutant-free air.”

The organization’s website boasts more than 300 member organizations across 46 states but does not detail actual activities. It does have job postings for three open positions and a form for people to sign up for more information.

The Washington Free Beacon reported that the Trump administration’s Department of Government Efficiency (DOGE) project, along with new EPA administrator Lee Zeldin, are raising questions about the $2 billion grant PFC received from the Biden EPA’s National Clean Investment Fund (NCIF), ostensibly for the “affordable decarbonization of homes and apartments throughout the country, with a particular focus on low-income and disadvantaged communities.”

PFC’s announcement of the grant is the organization’s only press release to date and is alarming given that the organization had somehow reported only $100 in revenue at the end of 2023.

“I made a commitment to members of Congress and to the American people to be a good steward of tax dollars and I’ve wasted no time in keeping my word,” Zeldin said. “When we learned about the Biden administration’s scheme to quickly park $20 billion outside the agency, we suspected that some organizations were created out of thin air just to take advantage of this.” Zeldin previously announced the Biden EPA had deposited the $20 billion in a Citibank account, apparently to make it harder for the next administration to retrieve and review it.

“As we continue to learn more about where some of this money went, it is even more apparent how far-reaching and widely accepted this waste and abuse has been,” he added. “It’s extremely concerning that an organization that reported just $100 in revenue in 2023 was chosen to receive $2 billion. That’s 20 million times the organization’s reported revenue.”

Daniel Turner, executive director of energy advocacy group Power the Future, told the Beacon that in his opinion “for an organization that has no experience in this, that was literally just established, and had $100 in the bank to receive a $2 billion grant — it doesn’t just fly in the face of common sense, it’s out and out fraud.”

Prominent among PFC’s insiders is Abrams, the former Georgia House minority leader best known for persistent false claims about having the state’s gubernatorial election stolen from her in 2018. Abrams founded two of PFC’s partner organizations (Southern Economic Advancement Project and Fair Count) and serves as lead counsel for a third group (Rewiring America) in the coalition. A longtime advocate of left-wing environmental policies, Abrams is also a member of the national advisory board for advocacy group Climate Power.