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

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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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2025 Federal Election

Fight against carbon taxes not over yet

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By Franco Terrazzano 

As the federal government removes the consumer carbon tax, the Canadian Taxpayers Federation is calling on all party leaders to oppose all carbon taxes, including the hidden tax on business.

“Canadians fought hard to force Ottawa to back down on its consumer carbon tax and now the fight moves to stopping the hidden carbon tax on business,” said Franco Terrazzano, CTF Federal Director. “Canadians can’t afford a carbon tax on business that pushes up prices at the gas station and makes it harder for our businesses to compete while they’re already struggling with a trade war.”

Today, the federal government cut the consumer carbon tax rate to $0. This will reduce taxes by about 17 cents per litre of gasoline, 21 cents per litre of diesel and 15 cents per cubic metre of natural gas.

The federal government still imposes an industrial carbon tax on oil and gas, steel and fertilizer businesses, among others.

During the Liberal Party leadership race, Prime Minister Mark Carney said he would “improve and tighten” the industrial carbon tax and “extend the framework to 2035.”

Just 12 per cent of Canadians believe businesses pay most of the cost of the industrial carbon tax, according to a Leger poll commissioned by the CTF. Meanwhile, 70 per cent said businesses would pass most or some carbon tax costs on to consumers.

Conservative Party Leader Pierre Poilievre said he will “repeal the entire carbon tax law, including the tax on Canadian businesses and industries.”

“Carbon taxes on refineries make gas more expensive, carbon taxes on utilities make home heating more expensive and carbon taxes on fertilizer plants increase costs for farmers and that makes groceries more expensive,” Terrazzano said. “Canadians know Poilievre will end all carbon taxes and Canadians know Carney’s carbon tax costs won’t be zero.

“Carney owes Canadians a clear answer: How much will your carbon tax cost?”

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Business

Trump says ‘nicer,’ ‘kinder’ tariffs will generate federal revenue

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President Donald Trump says the slate of tariffs he plans to announce Wednesday will be “nicer,” “kinder” and “more generous” than other countries have treated the U.S.

Trump plans to unveil reciprocal tariffs on all nations that put duties on U.S. imports Wednesday, which the president has been calling “Liberation Day” for American trade.

Trump’s latest comments on tariffs come as he aims to reshape the global economy to reduce U.S. trade deficits and generate billions in federal revenue through higher taxes on imported products.

Trump’s trade policies have upended U.S. and global markets, but the president has yet to get into specifics ahead of Wednesday’s planned announcement.

At the start of March, Trump told a joint session of Congress that he planned to put reciprocal tariffs in place starting April 2.

“Whatever they tariff us, we tariff them. Whatever they tax us, we tax them,” Trump said. “If they do non-monetary tariffs to keep us out of their market, then we do non-monetary barriers to keep them out of our market. We will take in trillions of dollars and create jobs like we have never seen before.”

On Sunday night, Trump said on Air Force One that U.S. tariffs would be “nicer,” “kinder” and “more generous” than how other countries have treated the U.S.

Last week, Trump announced a 25% tariff on imported automobiles, duties that he said would be “permanent.” The White House said it expects the auto tariffs on cars and light-duty trucks will generate up to $100 billion in federal revenue. Trump said eventually he hopes to bring in $600 billion to $1 trillion in tariff revenue in the next year or two. Trump also said the tariffs would lead to a manufacturing boom in the U.S., with auto companies building new plants, expanding existing plants and adding jobs.

Trump predicts his protectionist trade policies will create jobs, make the nation rich and help reduce both trade deficits and the federal government’s persistent deficits.

The “Liberation Day” tariffs come after months of talk since Trump took office in January. On the campaign trail, Trump frequently called “tariff” the most beautiful word in the English language.

James Dorn, senior fellow emeritus at the Cato Institute, said Trump’s rhetoric on tariffs doesn’t match the economic reality of Americans.

“Tariffs expand the scope of government, politicize economic life, increase uncertainty, and reduce individual freedom,” he wrote. “Government officials gain arbitrary power while market participants face fewer opportunities for mutually beneficial exchanges and greater uncertainty as the rules of the game change.”

Dorn said consumers would pay the price.

“Tariffs are levied on U.S. importers as goods – both final and intermediate –subject to the tariff enter the country,” he wrote. “Importers and consumers typically end up paying the tariffs, as they cut into profit margins and drive consumer prices up.”

Business groups, including the U.S. Chamber of Commerce and American Farm Bureau Federation, have urged Trump to back off tariff threats.

Trump has promised that his tariffs would shift the tax burden away from Americans and onto foreign countries, but tariffs are generally paid by the people who import the foreign products. Those importers then have a choice: absorb the loss or pass it on to consumers through higher prices. The president also promised tariffs would make America “rich as hell.”

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