New Hampshire

Congress silenced free speech in TikTok law, platform tells federal court • New Hampshire Bulletin

Published

2 years ago

June 20, 2024

Congress silenced free speech in TikTok law, platform tells federal court • New Hampshire Bulletin

TikTok and its parent company argued Thursday in a federal court in the District of Columbia that the recently enacted law forcing a nationwide ban or sale of the popular platform violates the First Amendment.

TikTok Inc., which operates the video-sharing service in the United States, and its parent company, ByteDance Ltd., which was founded by a Chinese national, filed a brief in the U.S. Court of Appeals for the D.C. Circuit calling the law President Joe Biden signed in April an unprecedented restriction on the constitutional right to free speech.

“Never before has Congress expressly singled out and shut down a specific speech forum,” the brief reads. “Never before has Congress silenced so much speech in a single act.”

Upholding such an “extraordinary speech restriction” would require the court to undertake “exacting scrutiny” of Congress’ action, but Congress provided only a hypothetical national security argument to advance the bill, the companies said.

“Congress gave this Court almost nothing to review,” the brief continues. “Congress enacted no findings, so there is no way to know why majorities of the House and Senate decided to ban TikTok.”

Many individual lawmakers who supported the law raised national security concerns, saying ByteDance’s relationship with the Chinese government meant the country’s Communist Party leaders could demand access to TikTok users’ private data.

They also said the platform, which the company says has 170 million users in the U.S., could be used to spread propaganda.

But under U.S. Supreme Court precedent, labeling speech as foreign propaganda does not allow the government to overlook First Amendment protections, TikTok said in its brief.

Speculation about how the app “might” or “could” be used, rather than any concrete examples of misconduct, do not clear the high bar required to restrict speech, the companies added.

“A claim of national security does not override the Constitution,” the companies wrote Thursday.

A spokesperson for the Justice Department, which is defending the law, highlighted the intelligence community’s national security concerns with TikTok and said the law was consistent with the First Amendment.

“This legislation addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations,” the spokesperson wrote in a statement to States Newsroom. “We look forward to defending the legislation in court.

“Alongside others in our intelligence community and in Congress, the Justice Department has consistently warned about the threat of autocratic nations that can weaponize technology – such as the apps and software that run on our phones – to use against us. This threat is compounded when those autocratic nations require companies under their control to turn over sensitive data to the government in secret.”

Response to lawmakers

The brief said Congress had not included any official findings of harm from TikTok, but several individual members raised specific concerns about the kind of speech found on the platform.

The companies said Thursday those specific complaints bolstered the argument that TikTok is being denied free speech protections.

The brief cited several lawmaker statements:

U.S. Sen. Mitt Romney, a Utah Republican, U.S. Rep. Raja Krishnamoorthi, an Illinois Democrat who is ranking member on the House Select Committee on China, and former Rep. Mike Gallagher, a Wisconsin Republican who chaired the panel, said the platform’s algorithm fed an overwhelming share of pro-Palestinian content over videos that favor Israel.

Sen. Tom Cotton, a Republican from Arkansas, said the platform “exposes children to harmful content.”

Sen. John Fetterman, a Democrat from Pennsylvania, said the law would “make TikTok safer for our children and national security.”

Nebraska Republican Sen. Pete Ricketts noted the popularity of the hashtag #StandwithKashmir, which protests a policy of India, a geopolitical rival of China.

“Legislators’ perception of the content reflected on TikTok was misinformed,” the companies said. “But well-founded or not, governmental policing of content differences is antithetical to the First Amendment.”

Oral arguments in September

Both chambers of Congress passed the law with bipartisan votes as part of a package that included aid to Israel and Ukraine. Biden signed the measure April 24.

TikTok pledged to sue and filed its legal challenge last month.

Tuesday’s brief expands on the company’s arguments. The government’s response is due July 26 and oral arguments are scheduled for Sept. 16.

Divestment unworkable, TikTok says

TikTok and ByteDance said Thursday the provision in the bill to avoid a ban by divesting the service to a company without ties to China is unworkable, especially within the nine-month timeline required by the law.

Such a move would be technically complex, requiring years of engineering work, the companies said. It would also isolate the U.S. user base from the rest of the world, limiting revenue from advertisements.

And even if it were feasible from a technical or business standpoint, selling the platform would likely be rejected by the Chinese government, which has the authority to block exportation of technology developed in the country, the companies said.

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New Hampshire

Court hearing for Cher’s son on charges he broke into a New Hampshire home canceled

Published

3 hours ago

March 11, 2026

Press Room

Court hearing for Cher’s son on charges he broke into a New Hampshire home canceled

Crime

Elijah Allman’s arrest on March 1 was his second in New Hampshire in a matter of days.

FILE – This Feb. 26, 2016 file photo, shows the entrance to St. Paul’s School in Concord, N.H. (AP Photo/Jim Cole, File) AP

By MICHAEL CASEY, Associated Press

March 11, 2026 | 4:50 PM

2 minutes to read

A court hearing for Cher’s son Wednesday over allegations he broke into a New Hampshire home this month has been canceled.

Elijah Allman’s arrest on March 1 was his second in New Hampshire in a matter of days. Allman, the 49-year-old son of the iconic singer and actress, was also detained Feb. 27, accused of acting belligerently at a prestigious prep school in Concord.

It is unclear if Allman, of Malibu, California, has any connection to the home in Windham, New Hampshire. He is being held in the Rockingham County Department of Corrections, Superintendent Jonathan Banville said.

The hearing Wednesday was continued until an undetermined date after Allman got an attorney Wednesday morning. The attorney, Sarah Landres, did not respond to a request for comment.

Allman, whose father was the late singer Gregg Allman, is charged with two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it.

Officials at St. Paul’s School said Allman last month identified himself as the parent of a prospective student and slipped into the dining hall as some students were leaving the building. Police responded to reports that he was disturbing people in the building.

He was charged with four misdemeanors in the school incident: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime. He was released on bail.

Allman did not respond to an email requesting comment, and a phone number for him was not working.

In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman’s struggles with his mental health and addiction have left him unable to manage his assets and potentially put his life in danger.

The petition says the superstar performer’s son is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.

Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his attorneys, who acknowledged his previous struggles but argued that he was in a good place, was attending meetings, getting treatment and reconciling with his estranged wife.

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New Hampshire

Cher’s son heads to court over allegations he broke into a New Hampshire home

Published

15 hours ago

March 11, 2026

Press Room

Cher’s son heads to court over allegations he broke into a New Hampshire home

The son of Cher is scheduled to be in court Wednesday for a hearing over allegations he broke into a New Hampshire home earlier this month.

It was the second arrest in a matter of days for Elijah Allman, 49, of Malibu, California, who was detained Feb. 27 after allegedly acting belligerently at a prestigious prep school in New Hampshire. It was unclear if Allman had any connection to either St. Paul’s School or the home in Windham, New Hampshire.

Allman remains in the Rockingham County Department of Corrections in what is called preventive detention, Superintendent Jonathan Banville said.

Allman, whose father was the late singer Gregg Allman, faces two counts of criminal mischief, one count of burglary and a count of breach of bail for breaking into the home on March 1. Police said in a report that Allman did not have permission to be at the home and forcibly entered it .

In the incident at the prep school, Allman was charged with four misdemeanors: two counts of simple assault, criminal trespass and criminal threatening. Allman was also charged with a violation of disorderly conduct, which is illegal in the state but not considered a crime.

At about 7 p.m. that day, Concord police responded to reports that Allman was disturbing people in the dining hall of St. Paul’s School. After charging Allman, police said he was released on bail as his case works through the court system.

Allman did not respond to an email requesting comment, and a phone number for him was not working. It was unclear from the court records if Allman has an attorney.

In December 2023, Cher filed a petition to become a temporary conservator overseeing her son’s money, saying Allman struggles with mental health issues and addiction have left him unable to manage his assets and potentially put his life in danger.

The petition from the singer and actress said Elijah Allman is entitled to regular payments from a trust fund. But “given his ongoing mental health and substance abuse issues,” she is “concerned that any funds distributed to Elijah will be immediately spent on drugs, leaving Elijah with no assets to provide for himself and putting Elijah’s life at risk,” the petition says.

A few weeks later, Los Angeles Superior Court Judge Jessica Uzcategui denied the request, saying she was not convinced that a conservatorship was urgently needed. Allman was in the courtroom with his his attorneys, who acknowledged his previous struggles but argued that he is in a good place now, attending meetings, getting treatment and reconciling with his previously estranged wife.

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