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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.
“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.
Lebanon and Israel provisionally agreed in Washington to a new ceasefire Wednesday. But hours later Israel continued attacks and the militant group Hezbollah said it rejected any ceasefire that did not start with the withdrawal of Israeli forces from Lebanese territory.
The fighting appeared to jettison immediate prospects of a wider ceasefire between the United States and Iran. Iran has said it will not agree to a ceasefire with the U.S. and Israel unless there is one in Lebanon.
UNIFIL, the U.N. peacekeeping operation for Lebanon, announced Thursday that one of its peacekeepers had been killed and others wounded when mortars hit their position near Marjayoun in southeastern Lebanon.
A U.N. source said the mortars appeared to have come from Hezbollah. The attack came as Israel and Lebanon were negotiating a ceasefire in Washington. The person asked not to be identified because they were not authorized to speak publicly on the issue. Hezbollah has been targeting Israeli army installations in the vicinity.
Iranian Revolutionary Guard Corps commander Esmail Qaani was quoted by Iranian state media Thursday saying that Israel must withdraw to pre-war positions as the first step in a ceasefire with Lebanon. Before the U.S. and Israel attacked Iran on Feb. 28, Israel held five positions across the border in Lebanon. It now occupies large parts of the south of the country.
The U.S. does not speak directly to Hezbollah, which it classifies as a terrorist organization. Lebanon’s negotiations in Washington were carried out without direct inclusion of the Iran-backed group.
Lebanese President Joseph Aoun said Thursday that the ceasefire would come into force within 24 hours of all concerned parties approving it, especially Hezbollah.
A Hezbollah official told NPR that Hezbollah officially informed the Lebanese president that it would not accept any ceasefire that did not begin with the withdrawal of Israeli forces from south Lebanon.
The official asked to remain anonymous because he was not authorized to speak publicly on the issue.
Israeli defense minister Israel Katz said Israel was demanding the creation of what it called a de-militarized zone within Lebanon while being able to continue attacks against Iran-backed Hezbollah. He said Israel would not be withdrawing from the south.
Jawad Rizkallah contributed reporting from Beirut.
Copyright 2026 NPR
MANCHESTER, NH – A five-run second inning and an eight-run eighth powered the New Hampshire Fisher Cats (27-23) to a Wednesday night win against the Altoona Curve (23-30) at Delta Dental Stadium, 14-3. In the eighth Inning, third baseman Sean Keys, second baseman Cutter Coffey, and catcher Patrick Winkel all
New England Travel
These hikes are full of history, wildlife, and gorgeous views.
Hiking trails are full of history, beauty, and wildlife, but with so many options, it can be hard to choose your next path.
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Car camping is trending this season, according to Hipcamp
The following are 12 great hikes recommended by the Massachusetts Department of Conservation & Recreation (DCR), Mass Audubon North Shore, Berkshire Natural Resources Council (BNRC), and the Appalachian Mountain Club.
Massachusetts
Skyline Loop Trail in Blue Hills Reservation in Milton
The 2.64-mile Skyline Loop Trail in the Blue Hills Reservation in Milton gives hikers a taste of the longer, nine-mile Skyline Trail. The loop takes hikers over five hills, including Hancock Hill, which was once the farm of John Hancock of Declaration of Independence fame and the first independent governor of the Commonwealth of Massachusetts.
There is a tower built by the Civilian Corp of Engineers during the Great Depression, and hikers can look out over Boston and the Harbor Islands
Cedar Swamp Trail in Douglas State Forest in Douglas
As hikers experience the Cedar Swamp Trail, a .5-mile hike, the environment changes from a typical New England mixed hardwood forest into a cedar swamp as Atlantic white cedar and hemlock trees replace oak, maple, birch, beech, and ash.
“The thick growth of these evergreens allows little light to reach the forest floor,” according to DCR. “Keep an eye out for the unique foliage native to the swamp like sphagnum or ‘peat’ moss, skunk cabbage and cinnamon ferns, as well as the wildlife that calls the swamp home.”
Robert Frost Trail in Mount Holyoke Range State Park in Amherst
Fans of Robert Frost can experience nature through the writer’s eyes on this 4-mile hike on the Robert Frost Trail that honors the iconic poet’s Massachusetts connection. Frost spent part of his life in Massachusetts, teaching English at nearby Amherst College.
Hikers can look for a hidden pool and a fork in the road while exploring the interpretive trail, DCR noted, which is an easy to moderate hike.
Read more about these state park hikes: 3 beautiful hikes at Massachusetts State Parks
Rockery Trail at Ipswich River Wildlife Sanctuary in Topsfield
For a unique, family-friendly hike involving rocks, head to the Rockery Trail at Ispwich River Wildlife Sanctuary, according to the Mass Audubon North Shore.
The 1/2-mile trail, the most popular hike at the sanctuary, includes boardwalks and features a rockery built by Thomas Emerson Proctor in 1905. You can climb the large stone structure and also walk through the little tunnel underneath. The wide easy trail is great for all ages.
Professor Chandler’s Long Walk at Rough Meadows Wildlife Sanctuary in Rowley
Hikers enjoy panoramic views at Rough Meadows Wildlife Sanctuary, which includes the scenic Professor Chandler’s Long Walk. The .65-mile easy trail takes hikers out into the Great Marsh, the largest salt marsh in New England, and is great for bird watchers.
The trail is named after Professor Alfred D. Chandler, Jr., who donated much of the land.
Woodland Loop at Cedar Pond Wildlife Sanctuary in Wenham
The Woodland Loop trail is a universally accessible trail at Cedar Pond Wildlife Sanctuary. The .9-mile trail offers a loop through deciduous and pine forest and opens up to a small meadow at the midpoint.
These All Persons Trails are ADA compliant and include universally accessible interpretive features. Visitors can expect handrails, braille and tactile features, wildlife viewing boardwalks and platforms, audio tour stops, seating, and more, according to Mass Audubon.
Read more about these North Shore trails: 3 beautiful hikes on the North Shore
The Meadow Loop Trail in Great Barrington
Animals lovers will love the accessible half-mile Meadow Loop Trail in the 267-acre Thomas & Palmer Brook Reserve, according to the Berkshire Natural Resources Council. The path, conveniently close to downtown Great Barrington, has excellent wetland and meadow views with benches for resting and taking in the scenery. The trail is also great for beaver watching.
For those who want to keep hiking, the trail connects to the 0.6-mile Woodland Trail and 0.3-mile Whale Rock Trail, both moderate.
Mahanna Cobble Trail in Pittsfield
Those looking for a challenge can tackle the 2.8-mile roundtrip trek on the Mahanna Cobble Trail.
The trail starts at Bosquet Mountain ski area, where hikers climb a beginner-level ski slope before getting into the forest. Hikers are rewarded with views of Kennedy Park, Mass Audobon’s Pleasant Valley Wildlife Sanctuary, and Yukon Ridge.
Sunset Rock Trail in North Adams
Hikers who tackle the easy 1.6-mile roundtrip Sunset Rock Trail at Hoosic Range Reserve later in the day can take in the Taconic Ridge and Green Mountains and it’s a great place to view the sunset.
For hikers seeking even more great views in the 944-acre reserve, continue on for 3 miles along the Hoosic Range Trail. This trail is considered difficult because of its length, and the 6-mile roundtrip hike is a gradual climb.
Read more about these Berkshires hikes: 3 beautiful hikes in the Berkshires
New Hampshire
Arethusa Falls Trail in Hart’s Location
Hikers on the Arethusa Falls Trail in Crawford Notch State Park are in a for a real treat, according to the Appalachian Mountain Club: New Hampshire’s highest waterfall. It’s a 1.3-mile moderate hike to the near 200-foot waterfall. Once at the waterfall, folks can hike down to the bottom and sit and dip their feet in the water.
The falls were discovered by Edward Tuckerman in 1875, according to visitwhitemountains.com, who named it after a nymph in Greek mythology that turned into a fountain.
Zealand Trail in Bethlehem
Zealand Trail connects to the Appalachian Trail, and hikers get to experience a short section of it before it goes out to Zealand falls. It’s about 2 1/2 miles to the falls.
The Appalachian Trail, which stretches from Maine to Georgia, is the longest hiking-only footpath in the world, and the New Hampshire portion offers more miles above the treeline than any other state on the trail, according to the Appalachian Trail Conservancy.
There is also an AMC Zealand Falls Hut on the trail, where hikers can stay overnight with a reservation.
Mount Willard Trail in Hart’s Location
Mount Willard’s elevation is 2,865 feet, and the summit is located in Crawford Notch State Park. It is a 1.6-mile moderate hike up to the summit, and hikers follow an old carriage road.
Folks start out at the top of Crawford Notch and hike along forests and along a stream, and there’s a tiny waterfall and an area called the Centennial Pool. Hikers can see the southern end of the Presidential Range, Crawford Notch, Mount Tom, and Mount Willey.
Read more about these hikes in the White Mountains: 3 beautiful hikes in the White Mountains
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