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

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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.

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“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.

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“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.

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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.

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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

Intriguing proposed laws in New Hampshire legislature – Concord Monitor

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Intriguing proposed laws in New Hampshire legislature – Concord Monitor


With lots of legislators, New Hampshire gets lots of proposed laws.

As the New Year approached, the 400 members of the House and 24 senators proposed more than 1,140 potential bills in the form of Legislative Service Requests, or LSRs. Many deal with high-profile subjects like school funding, but a hunt through the list finds plenty of intriguing topics that don’t get as much attention.

You can search the list online at gc.nh.gov/lsr_search/.

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Here are a few. Many of these, perhaps most, will never even make it to a full legislative vote, so don’t expect them to become laws any time soon.

David Brooks can be reached at dbrooks@cmonitor.com. Sign up for his Granite Geek weekly email newsletter at granitegeek.org.
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New Hampshire

2 killed, 1 seriously injured in NH crash

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2 killed, 1 seriously injured in NH crash


Two people are dead and another person has serious injuries following a crash Friday in Rumney, New Hampshire.

The Rumney Fire Department says it responded to Route 25 just after 1:30 p.m. for a motor vehicle crash with entrapment. Crews, including from Plymouth-Fire Rescue and the Wentworth Fire Department, arrived on scene to find two vehicles in the road that appeared to have been involved in a head-on collision.

The driver from one vehicle was taken to a local hospital with serious injuries, the fire department said. The driver and a passenger in the second vehicle were both pronounced dead on scene.

The victims’ names have not been released at this time.

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Route 25 was closed for approximately five hours for an on-scene investigation and clean up, the fire department said.

It’s unclear what caused the fatal crash. The Rumney Police Department is investigating.



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Fireball spotted streaking over towns in southeast New Hampshire: video

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Fireball spotted streaking over towns in southeast New Hampshire: video


An eagle-eyed photographer captured the moment a shining fireball cut across the sky in southeast New Hampshire early Saturday evening.

Rob Wright, a professional photographer based in New Hampshire, shared dash camera footage of the suspected meteor — which he called a “bright green boldie” — blazing straight downwards while he was cruising through Portsmouth.

“That was one of the best I’ve seen and likely the best I’ve ever caught on camera,” Wright boasted on Facebook.

Dash camera footage captured a fireball beaming in the sky on Saturday. Rob Wright/Storyful

Wright was approaching a traffic circle in the coastal town when a pulsing yellow light appeared in the sky. It tracked downwards in a straight line and released a brighter spurt of light before disappearing entirely, all in the span of eight seconds, according to the video.

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Others in Nashua and Londonderry, both located southwest of Portsmouth and closer to the Massachusetts border, told WMUR that they also saw the suspected meteor.

The “bright green boldie” blazed over multiple towns in New Hampshire. Rob Wright/Storyful

Several other highlighted sightings around the same time in Dover, Bedford, Rindge, Hooksett and Jaffrey, which are all within a 90-mile radius of Portsmouth, according to the American Meteor Society.

Locals who follow Wright’s work reported seeing the fireball, too. One woman who also lives in Portsmouth commented that she “thought it must have been a firework.”

It’s unclear what exactly the fireball was.

It’s unclear what exactly the supposed fireball was. Rob Wright/Storyful

Meteorites present similarly to a fireball when they’re plummeting from orbit — but leave a more obvious impact.

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In August, a 3-foot meteor splintered in the air while it was flying over Georgia and left fragments scattered all over Newton County. The explosion caused a sonic boom equivalent to 20 tons of TNT exploding at once.

Pieces of the meteor were found all over the county, including one that crashed through the roof of a home.

Over the summer in 2024, a meteor disintegrated about 30 miles above Midtown Manhattan. The force shook parts of New York City, rattling midday commuters.



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