Legal/scotus thread

thethe said:
The whole trial was based on election interference - To not realize that is to be blind to what is happening.

Not shocking for a leftist though.
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The whole trial already happened, man. The current uproar was over rushing the sentencing process and MAGA even attacked Barrett over not stopping it. So forgive me if I’m not going to join you in crying over Trump being very unfairly sentenced to *checks notes* absolutely nothing. Seems like the story ends with Trump having broke some minor laws that a bunch of other people break all the time, they went after him for that crime due to political motivation, Trump was convicted of that minor crime and has until-now not successfully appealed that conviction. Having seen how the court system works in America all the time, this is pretty much par for the course. It just doesn’t usually happen to people like Donald Trump.
 
I mean the inability to admit what this was for real is amazing.

The lefties here like to turn a blind eye to real threats to democracy and just label open debate and free speech efforts as also “threats to democracy”
 
Tapate50 said:
The offer from O'Leary is 20B dollars. LOL
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I’ve seen people claim the only reasons for TikTok to shutter US operations is due to lies by the Chinese, but I think ByteDance might genuinely be better off passing on the offer than to let some billionaires in the US gain access to their stuff. For anybody assuming this has to be for nefarious purposes because they’re willing to pass up $20 billion, I’d ask you why someone would be offering $20 billion for a site whose reputation is going to crater in 48 hours anyway.
 
If they pass on the cash offer, its a direct message that the app is indeed as nefarious and underhanded as it has been made out to be.

Its likely worth way more to the CCP
 
I just read the SCOTUS decision on TikTok, it's absolutely pathetic and they know it. In the first section they essentially strip the decision of any precedential value by insisting that this decision "must be understood to be narrowly focused".

This is a dead giveaway that the court knows its decision is wrong. They know they're going against established precedent that they don't want to actually overturn. So they carve out this case as special and make it useless to be cited in future cases.

It's pretty clear this case wasn't decided based on the law but instead decided based on a group of old people fearing and dislike that which they clearly don't understand. The decision shows they have no real idea what TikTok, or social media in general, actually is.

So the SCOTUS let this fear and dislike control them and lead them to make a spineless decision that even they know isn't justifiable.

Pathetic.
 
Tapate50 said:
If they pass on the cash offer, its a direct message that the app is indeed as nefarious and underhanded as it has been made out to be.

Its likely worth way more to the CCP
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Or that they think their algorithm and/or global operations are worth more to them strategically than $20 billion. Again, ask yourself why an investor would spend $20 billion for a website that is about to not exist in the United States instead of investing in another platform to take its place unless the IP was worth that much to begin with.
 
That valuation includes the global perception of the United States being seen as censors on the global stage, so cheers to the government for doing China’s job for them.
 
To those worried about China gaining access to our data through social media, do you really think they need to own the social media company for that? There’s not a chance in hell other social media companies around the world are not prone to either selling that data readily to Chinese affiliates or vulnerable to massive data breaches if a hostile foreign power wanted it. Even if you fully believe that China is actively using TikTok for that purpose, you must realize how hopeless that effort is when we click agree on every website’s TOS.
 
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Breaking news: Venture Capitalist in the tech space thinks TikTok ban is good.
 
striker42 said:
I just read the SCOTUS decision on TikTok, it's absolutely pathetic and they know it. In the first section they essentially strip the decision of any precedential value by insisting that this decision "must be understood to be narrowly focused".

This is a dead giveaway that the court knows its decision is wrong. They know they're going against established precedent that they don't want to actually overturn. So they carve out this case as special and make it useless to be cited in future cases.

It's pretty clear this case wasn't decided based on the law but instead decided based on a group of old people fearing and dislike that which they clearly don't understand. The decision shows they have no real idea what TikTok, or social media in general, actually is.

So the SCOTUS let this fear and dislike control them and lead them to make a spineless decision that even they know isn't justifiable.

Pathetic.
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What are the established precedents they are going against. I think the TikTok ban was unwise but my impression has been that it falls within the powers of Congress and the president on national security matters. Precedents tend to be highly deferential on national security matters.
 
nsacpi said:
What are the established precedents they are going against. I think the TikTok ban was unwise but my impression has been that it falls within the powers of Congress and the president on national security matters. Precedents tend to be highly deferential on national security matters.
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The court allowed the government to ban an entire medium of speech and only applied intermediate scrutiny. It would be like the government banning the use of printing presses or megaphones and only applying intermediate scrutiny.

The court reasoned the restriction wasn't content based because it eliminates all speech on TikTok regardless of point of view. As such it only needs to pass intermediate scrutiny, much easier than strict scrutiny. The same logic could literally be used to ban almost any medium of speech.
 
The Tiktok law was a bluff. I doubt anyone expected it to reach this point. It was an attempt to get TikTok to sell.

I don't see Bytedance refusing to sell as proof they're up to something nefarious. I think they're just calling the US's bluff. So far they seem to be right. Biden has said he won't enforce the law in the few days he has left and Trump has been open about his opposition to the law.

Has anyone been able to articulate real threats the app presents that aren't already covered by other threats? There's way more sensitive information about Americans on the dark web than can be pulled from TikTok. China also has plenty of hackers they employ that present way more of a threat to the data of Americans.

This isn't about fear of a Chinese company being nefarious. It's about old people not understanding something new and not liking it. You see the same thing happen over and over. In the 80s it was D&D, now it's kids doing dances online.
 
striker42 said:
The Tiktok law was a bluff. I doubt anyone expected it to reach this point. It was an attempt to get TikTok to sell.

I don't see Bytedance refusing to sell as proof they're up to something nefarious. I think they're just calling the US's bluff. So far they seem to be right. Biden has said he won't enforce the law in the few days he has left and Trump has been open about his opposition to the law.

Has anyone been able to articulate real threats the app presents that aren't already covered by other threats? There's way more sensitive information about Americans on the dark web than can be pulled from TikTok. China also has plenty of hackers they employ that present way more of a threat to the data of Americans.

This isn't about fear of a Chinese company being nefarious. It's about old people not understanding something new and not liking it. You see the same thing happen over and over. In the 80s it was D&D, now it's kids doing dances online.
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Yeah, it’s really the only way to explain this immensely stupid series of events. A huge bipartisan group in Congress passes a law that Trump and his orbit initially supported and Biden signs it into law. Now Congress is calling to delay the law, Biden is saying he won’t enforce it and Trump is inviting the CEO of TikTok to his inauguration? This has big “we’re all trying to find who did this” vibes and it’s positively insane.
 
striker42 said:
The Tiktok law was a bluff. I doubt anyone expected it to reach this point. It was an attempt to get TikTok to sell.

I don't see Bytedance refusing to sell as proof they're up to something nefarious. I think they're just calling the US's bluff. So far they seem to be right. Biden has said he won't enforce the law in the few days he has left and Trump has been open about his opposition to the law.

Has anyone been able to articulate real threats the app presents that aren't already covered by other threats? There's way more sensitive information about Americans on the dark web than can be pulled from TikTok. China also has plenty of hackers they employ that present way more of a threat to the data of Americans.

This isn't about fear of a Chinese company being nefarious. It's about old people not understanding something new and not liking it. You see the same thing happen over and over. In the 80s it was D&D, now it's kids doing dances online.
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I'm not defending the law. I'm just saying the courts traditionally defer to the other branches on national security matters.
 
Trump's move to retaliate against anyone who worked on his criminal cases predictably leads to lawsuits. They won't get to keep their jobs but they will be paid for the next 10 years atleast anyways but that will be tax payer money which we all know MAGA don't give two ****s about.
 
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