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Will TikTok Ban Be Challenged in Court? | Pivot

April 23, 2024 / 06:02

This episode discusses the recent passage of a bill to ban or divest TikTok, the implications of this legislation, and the political maneuvering behind it.

The bill passed the House with a 360 to 58 vote and is now in the Senate. Speaker Mike Johnson bundled it with aid for Ukraine, Israel, and Taiwan to facilitate its passage. If approved, TikTok's parent company ByteDance will have 270 days to sell the app.

Key discussions include the potential legal challenges ByteDance may face, as previous attempts to ban TikTok have been blocked by federal judges. The conversation highlights the implications for free speech and the precedent it sets for foreign companies operating in the U.S.

Hosts express mixed feelings about the cleverness of the legislative strategy and the potential for negotiations between TikTok and the U.S. government regarding the app's future.

The episode also touches on broader themes of political partisanship and the challenges of regulating foreign-owned technology companies.

TLDR

The episode covers TikTok's potential ban, political strategy behind the bill, and implications for free speech and foreign ownership.

Episode

6:02
00:00:00
the bill to ban or divest Tik Tock is now in the hands of the Senate following the passage of the house this weekend
00:00:05
the legislation which passed by uh a 360 to 58 vote was bundled into an aid package for Ukraine Israel and Taiwan by
00:00:12
Speaker Mike Johnson very very clever Mike Johnson if the bill they already passed one but it was stuck in the
00:00:19
Senate but this is a slightly different Bill if the bill makes it through the Senate President Biden has said he will
00:00:23
sign into a lot Tik Tock parent company bite dance then has 270 days to sell the
00:00:28
app closer to a year or face a ban um let's talk about how it went down because they passed one that was getting
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trouble in the Senate Maria cwell wasn't against it now she's for it bite dance indicated a amount of legal challenge
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that's where it's going next during the band would trample Free Speech rights it'll definitely go in the courts it's
00:00:45
lost it's one before in courts um in November a federal judge blocked a Montana law to ban Tik Tock across the
00:00:51
state specifically Donald Trump attempt to ban Tik Tok in 2020 was also rejected
00:00:55
by a federal judge it'll definitely go to the Supreme Court um then they'll have to at least look for a buyer in
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case they law but if this does become law Future Bands of foreign companies and products we've done that before um
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thoughts very clever way to get it through that's and then they have to deal with the the law itself I mean
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there's so many ways you can tell you're getting older right the idea of a cruise
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does not sound horrific to me anymore I'm like oh okay you know I actually listened the other day someone was
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talking about catheters and I'm like say more because I know it's coming and the
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other I'm not exaggerating Cara on on Saturday I was obsessed with cpan I mean I might as well been 120 years
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old this uh Saturday I'm just thinking of you in a catheter but go ahead uh my dad says the
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guy who invented the catheter should literally get The Nobel Prize um anyways um I can see that I'm sorry I got thrown
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off there men have an easier time any there we go so um God just talking about catheters makes me want to pee um
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anyways yeah okay I'm Cara I just want to be clear U my new favorite person or near favorite person
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is Speaker Johnson yeah oh good Heavens he took so long but go ahead okay he did he's done more than anyone
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else um okay Tik Tock he and then save this is fantastic legislation it'll end up being divested everyone's going to
00:02:23
get their money we're going to ensure that our young kid that we don't raise a generation of Civic military and
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nonprofit and business leaders in America that hate America it creates more trade symmetry it is ridiculous
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that if this is no different than if in the 60s when we were in a cold war with Russia we let the Kremlin own NBC ABC
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and CBS I am thrilled at this and oh wait it got wrapped up and pushing back on a murderous autocrat oh wait and it
00:02:47
got wrapped up in a bill to support our Supreme Ally in the Middle East I just like Saturday literally it is rather
00:02:55
clever this literally this you got to give it to speaker Johnson you got to give it to and by the way this is over
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overwhelmingly passed you well all this you know we talk about how by how partisan the Congress has become and
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this you know margerie Taylor green saying we shouldn't do any of it until we talk about the Border bill that Trump
00:03:13
told her not to pass musco margerie did you see that cover of the New York Post every day and Saturday I hated my life
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less than I have in a go America oh let's push back on an autocrat oh let's push back on a murderous terrorist GR
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it's going to go to courts and you know it's blocked windy wi they're going at they're going at this from trade
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symmetry executive action divestment not free speech go on talk about your free speech fine we rubert Murdoch
00:03:45
had to become a citizen you're not allowed to own more than 20% of a broadcast station in the US but we're
00:03:51
going to let Tik Tok own the frame through which young this will it is a broadcast network we you and I this will
00:03:58
this will hold I think it's going to little more tough going okay all right well all right think Scott is thrilled I
00:04:05
I like that you're all excited watching cpan it's kind of weird with a catheter but um yes I think I think it was a very
00:04:11
clever way to do it I thought you know they had a they had a log Jam in the Senate and it was going to sit there
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there are issues around Rand Paul might block it uh Etc and the whole thing but they're going to shove it past him I
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think uh but it may it may be delayed uh because there supposed to vote on it like in the next two days but um you
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know you know Ram Paul or someone else might be in the way or JD Vance for example they chose the wrong word saying
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ban it's forced investment and what people don't appreciate is that there's a lot of light between a ban divestment
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and coming to some sort of a commodation with the White House they'll they will come back and they'll say all right
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there's so much money here how can we figure this out White House can we do some now that we actually believe you
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are going to ban us we didn't believe it before with you know Joey bagy Yahoo flatulation was trying to carve it up
00:05:02
and give it to his political friends we knew that wasn't going to work we didn't
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think your Congress could get their act together we didn't think that's going to
00:05:09
work but now that it looks like it's going to happen Hey Joe is there any way we can come to some sort of
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accommodation where you're happy and we're happy there's a lot of things they can do to figure this
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out what do you think yeah there's a lot going on I mean these guys should just take their money and and figure it out
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the issue is what who's going to get the algorithm I I think all the parts of it
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will be chewed over for a while I don't no one's getting the algorithm what's it
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worth are you overpaying for it it's a great brand will it be the same product and my guess is already Tik tok's
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numbers are are sort of flattening a little bit compared you know it's not in that explosive growth period that it was
00:05:48
in um and so they have it's a real problem for them because these people tend to move on from things very easily
00:05:55
as you know um so we'll see

Episode Highlights

  • TikTok Legislation Passes
    The bill to ban or divest TikTok has passed the House and is now in the Senate.
    “The legislation passed by a 360 to 58 vote.”
    @ 00m 05s
    April 23, 2024
  • Speaker Johnson's Clever Move
    Speaker Mike Johnson bundled the TikTok bill with aid for Ukraine, Israel, and Taiwan.
    “Very clever way to get it through.”
    @ 00m 12s
    April 23, 2024
  • Future of TikTok Uncertain
    If the bill passes, TikTok's parent company has 270 days to sell the app or face a ban.
    “Biden has said he will sign it into law.”
    @ 00m 22s
    April 23, 2024

Episode Quotes

  • It's ridiculous that we let the Kremlin own NBC, ABC, and CBS.
    Will TikTok Ban Be Challenged in Court? | Pivot
  • I think it's going to be a little more tough going.
    Will TikTok Ban Be Challenged in Court? | Pivot
  • They chose the wrong word saying ban; it's forced investment.
    Will TikTok Ban Be Challenged in Court? | Pivot

Key Moments

  • Legislation Passed00:05
  • Clever Strategy00:12
  • Senate Decision00:20
  • Court Challenges00:48
  • Future Uncertainty01:04

Tension Over Time

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