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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 woman arrested after high-speed chase ends in crash

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New Hampshire woman arrested after high-speed chase ends in crash


DOVER, New Hampshire (WGME) — A New Hampshire woman is facing charges after reportedly speeding more than 100 miles per hour during a police chase.

New Hampshire State Police say it happened Saturday night on Route 16 in Dover.

Troopers say they tried to pull over the driver, Stephanie Dupont, but she took off at high speed.

Troopers say they followed her to Exit 3, where she veered off the road.

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After the crash, they say she jumped out of the car and tried to flee on foot.

An off-duty officer from Ogunquit happened to be near by and was able to stop her.

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Officials say Dupont suffered non-life-threatening injuries in the crash.

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Judge strikes down challenge to NH absentee voting law

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Judge strikes down challenge to NH absentee voting law


A superior court judge has dismissed a lawsuit filed by a group of visually impaired New Hampshire voters who argued a newly passed absentee voter law violates the state constitution.

In a lawsuit filed this summer, the plaintiffs alleged the measure, which was backed by state Republicans, places a disproportionate burden on people with disabilities by making it harder to vote.

On Friday, New Hampshire Superior Court Judge David Ruoff dismissed the case, ruling that the new policies are reasonable.

The new law requires people requesting an absentee ballot to prove their identity in one of three ways: either mail in a photocopy of an ID, along with their ballot application; have their ballot application notarized; or show an ID at town hall prior to an election.

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In his opinion, Ruoff said, “The identification requirements impose ordinary burdens on all absentee voters, and the possibility that it may cause additional burden on a subset of absentee voters does not render the entire statute unconstitutional.”

It isn’t clear if the plaintiffs will appeal the ruling to the New Hampshire Supreme Court.

“We appreciate the Court’s recognition that the identification requirements for absentee voters are reasonable, constitutional, and consistent with New Hampshire’s long-standing election practices,” said New Hampshire Attorney General John Formella, who defended the law in court.

New Hampshire residents who vote in person are already required to show an ID at the polls when requesting a ballot. Supporters of the new law say the same safeguards should be in place for those voters who request an absentee ballot.

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Reduced federal funds to boost broadband in New Hampshire – Valley News

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Reduced federal funds to boost broadband in New Hampshire – Valley News


Despite some angst that the Trump Administration might vaporize the money, funds are coming to New Hampshire to expand broadband internet access throughout the state, although the amount isn’t what was originally allocated.

The recently announced funding is $18.6 million, significantly less than the original $196.5 million.

The news was, nevertheless, greeted with bipartisan enthusiasm.

“New Hampshire is proud to be No. 1 in the nation for internet connectivity, and this new federal funding we have secured will help us reach our goal of delivering reliable broadband access to everyone in our state,” Republican Gov. Kelly Ayotte said in a statement.

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“Having worked on the broadband provisions in the bipartisan infrastructure law, I know how important internet connectivity is for small businesses to grow and compete, for students to learn and thrive and for those in remote areas to access health care,” said Democratic U.S. Sen. Jeanne Shaheen.

The broadband funding is $18.6 million. It comes from the Broadband Equity Access and Deployment Program (BEAD), part of the Infrastructure Investment and Jobs Act of 2021, bipartisan legislation passed and enacted during the President Joe Biden administration.

Originally, the state was slated to get $196.5 million from BEAD for 9,527 locations across the state, especially in rural areas where access to broadband internet can be difficult because of distance, terrain and lack of infrastructure.

With the arrival of Donald Trump in the White House, given his disdain for the Infrastructure Act, he signed an executive order that paused a disbursement of all funds related to the bill, pending a review by his new administration.

Subsequent policy changes from the National Telecommunications and Information Administration (NTIA), an agency within the U.S. Department of Commerce, worried the state’s Democratic congressional delegation that the changes could derail the disbursement of the state’s $191 million in BEAD funds.

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“The administration has now removed discretion from state and local communities, instead requiring that BEAD funds be allocated solely to the lowest-cost projects — even if those projects deliver extremely low-quality internet service to rural areas. This change is especially harmful to rural Granite Staters, who may now be limited to slow, weather-dependent internet,” the delegation wrote in August to U.S. Secretary of Commerce Howard Lutnick.

And, indeed, the changes meant that the $191 million originally slated for the Granite State had been trimmed to the newly announced $18.6 million, reducing the new broadband locations from 9,527 to 5,250.

The Trump Administration saw the policy changes as a means to distribute the money in a more cost-effective manner. That was recognized by the administration with the completion of the state’s application process for the funds.

“Congratulations to New Hampshire for getting their BEAD Final Proposal over the finish line,” said U.S. Department of Commerce Assistant Secretary for Communications and Information and NTIA Administrator Arielle Roth. “The state’s commitment to cutting excessive costs and technology diversity resulted in a strong deployment plan that will achieve universal connectivity across the Granite State.” Roth’s statement was provided by the governor’s office.

The state’s approved plan accelerates the timeline for implementation, with the hope that the state will be fully broadband wired by the end of next year.

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The state’s proposal for upgrades includes a mix of coax, fiber, and satellite connections provided by Comcast, Consolidated Communications, New Hampshire Electric Co-op, and SpaceX.

Contracts for the work still have to be approved by the governor’s Executive Council.

Congressional Democrats at least seem happy that they got what they could get. And everyone seems to be putting a happy face on the news of the reduced funding.

“Everyone deserves access to high-speed, reliable internet no matter where they live,” said U.S. Sen. Maggie Hassan. “I worked with my colleagues to negotiate and pass the bipartisan infrastructure law to help expand access to reliable internet, and am glad to see our state one step closer to ensuring that everyone has access to broadband. I will continue to push for federal funding that supports Granite state families and small businesses and ensures that communities across our state, including in rural areas, can grow and thrive.”

“Under the bipartisan infrastructure law, Congress worked together to approve critical investments that are making our communities safer, stronger, and more prosperous. Access to high-speed internet is a necessity for every city and town, and it helps businesses compete, ensures students can learn, and allows patients to see a provider. This funding should never have been threatened or delayed, and I’m relieved that it will soon be delivered to New Hampshire,” said 1st District U.S. Rep. Christopher Pappas. “I will continue working to secure resources that modernize our infrastructure and improve Granite Staters’ quality of life.”

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“Access to reliable, high-speed internet is not a luxury. It is a lifeline and economic driver for hardworking families, small businesses, farmers, and rural communities across our state,” said 2nd District U.S. Rep. Maggie Goodlander. “I look forward to seeing these federal dollars put to work quickly and effectively to deliver for New Hampshire.”

Ayotte pointed to a recent report that shows New Hampshire is the No. 1 internet connected state in the country.

Reviews.org used census data and reported in October that 95.37% of all households in the Granite State are connected to the internet.

“Expanding broadband will help keep our communities safe, grow our economy, improve access to health care in our rural communities, and more. I thank the Department of Commerce for helping us continue to get more Granite Staters connected,” Ayotte said in her statement.

The state’s broadband application process and oversight are the work of the state Department of Business and Economic Affairs (BEA).

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“This investment is critical in reaching the last mile in bringing high-speed service to rural towns, which will support small businesses, enable remote work, and increase access to educational opportunities, healthcare, and other facets of our quality of life,” said Matthew Conserva, program manager of the BEA Office of Broadband Initiatives.

These articles are being shared by partners in The Granite State News Collaborative. For more information visit collaborativenh.org.



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