The TikTok Case Heads to the Supreme Court

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cato.org

Thomas A. Berry
Thomas A. Berry

Today, the Supreme Court granted review of TikTok v. Garland, a case that could determine whether TikTok will continue to operate in the United States. In this post, I’ll explain how we got here and why the Supreme Court should not take the same deferential approach that the DC Circuit Court of Appeals took in this case less than two weeks ago.
In April, President Biden signed an unprecedented law that required TikTok to either divest from its parent company, ByteDance, by January 2025 or cease operations in the United States. Such divestment would likely be infeasible because ByteDance owns much of TikTok’s code and employs many of the engineers who make TikTok run. And even if it were feasible, American TikTok users would lose access to content from outside the country, fundamentally changing the platform.
The law contained an unusual provision requiring that any legal challenges be brought directly to the Court of Appeals for the DC Circuit, bypassing the federal district courts. Pursuant to that requirement, three lawsuits were filed in the DC Circuit challenging the law, one by TikTok itself and two by various TikTok users. Cato filed an amicus brief supporting these challenges.
In our brief, we address two justifications for the law that lawmakers repeatedly invoked: that TikTok is a platform for propaganda and that it is a platform for misinformation and disinformation. As our brief explains, neither of these arguments can justify the law because there is no First Amendment exception for either propaganda or false speech.
Nonetheless, a three-judge panel of the DC Circuit recently held that the law does not violate the First Amendment. And the reasoning behind the panel’s conclusion likely surprised everyone involved in the case.
First Amendment cases generally proceed in two steps. First, the court must determine what level of scrutiny to apply.  » Read More
https://www.cato.org/blog/tiktok-case-heads-supreme-court

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Voluntary Customer Surveys

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Promotions

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Special Cases

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Browser Level Information

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Notice of Compliance to California Residents: Your California Privacy Rights Under the California Online Privacy Protection Act and the California Business and Professions Code

This privacy policy identifies the categories of personally identifiable information that our company collects through our web site or online service, about individual consumers who use or visit our company’s commercial web site or online service and the categories of third-party persons or entities with whom our company may share that personally identifiable information.

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Depending on the visitor’s activity, in our commercial web site or online service, the following “personally identifiable information” may be collected, in addition to information set forth in other sections of this document.

The term “personally identifiable information” means individually identifiable information about an individual consumer collected online by our company from an individual and maintained by our company in an accessible form, and may include any of the following:

  1. A first and last name.
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Under California Law SB 27, California residents have the right to receive, once a year, information about third parties with whom we have shared information about you or your family for their marketing purposes during the previous calendar year, and a description of the categories of personal information shared. To make such a request, please send an email to contact@foliprime-product.com and please include the phrase “California Privacy Request” in the subject line, the domain name of the web site you are inquiring about, along with your name, address and email address. We will respond to you within thirty days of receiving such a request.

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Types Of Information We Collect

The following provides examples of the type of information that we collect from you and how we use that information.

Context
Types of Data
Primary Purpose for Collection and Use of Data
Account Registration
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We use this information to provide account related functionalities to our users. Accounts can be used for easy checkout and to save your preferences and transaction history.
Client Information
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We have an interest in contacting our clients and communicating with them concerning normal business administration such as projects, services, and billing.
Cookies and First Party Tracking
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We use this information to ensure our website operates efficiently.
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Demographic Information
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We use this information to comply with applicable laws.
Email Interconnectivity
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Feedback/Support
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We use this information in order to receive, and act upon, your feedback or issues.
Mailing List
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We share information about our products and services with individuals that consent to receive such information. We also use this information to share information about our products or services.
Mobile Devices
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We use this information to identify unique visitors and understand how users interact with us on their mobile devices.
Order Placement
We collect your name, billing address, shipping address, e-mail address, phone number, and credit card number when you place an order.
We use your information to perform our contract to provide you with products or services.
Partner Promotion
We collect information that you provide as part of a co-branded promotion with another company.
We use this information to fulfil our promotions.
Surveys
When you participate in a survey we collect information that you provide through the survey. If the survey is provided by a third party service provider, the third party’s privacy policy applies to the collection, use, and disclosure of your information.
We use this information to understand your opinions and collect information relevant to our organization.
Sweepstakes or Contests
When you participate in a sweepstakes or contest we collect information about you which includes contact information to notify you if you are selected.
We use this information to operate the sweepstakes. In some contexts we are also required by law to collect information about those that enter into our sweepstakes.
Website Interactions
We use technology to monitor how you interact with our website. This may include which links you click on, or information that you type into our online forms. This may also include information about your device or browser.
We use this information to understand how you interact with our website to better improve it, and to understand your preferences and interests in order to select offerings that you might find most useful. We also have a legitimate interest in detecting and preventing fraud.
Web Logs
We collect information, including your browser type, operating system, Internet Protocol (IP) address (a number that is automatically assigned to a computer when the Internet is used), domain name, click-activity, referring website, and/or a date/time stamp for visitors.
We use this information to monitor our networks and the visitors to our websites. Among other things, it helps us understand which of our products or services is the most popular.

Revisions to This Policy

Our company reserves the right to revise, amend, or modify this policy, our Terms of Use and Service, and our other policies and agreements at any time and in any manner, by updating this posting. Your use of this site after such changes are implemented constitutes your acknowledgement and acceptance of there changes. Please consult this privacy statement prior to every use for any changes.

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About PaperlessTimes

PaperlessTimes is really just a hobby site comprised of some of my favorite and most read conservative leaning sources.  The main idea is just aggregate RSS feeds centralized in one area so I can simply take a quick look at the latest articles and pop on over to the full article if wanted; saves a bit of time from going from site to site looking for something that might interest me.

I long ago lost any faith in what is commonly known as mainstream “news” recognizing that it’s not just how a story is framed, but also what is omitted in what passes for information these days.  There are many, many great authors and thinkers in conservative thought who have the freedom to focus not on narrative and instead on substance.

This is always a work in progress for my own use, but if you find it useful, that is awesome.  If there’s a feed you read that you would possibly like added, (always interested in expanding), have any complaints or suggestions, feel free to use the contact form .  There is a bit of marketing on this site which is more of a test run for developing stuff.  If anything catches your eye, buy away, for it does go to me.

thanks, Steve

 

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This is a hobby site, but if you find it useful and have any suggestions, complaints, new feed ideas, feel free to shoot me a line.