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> Tiktok, Ltd is a company operating in the US, with a solid, real US presence. Either the conduct of the company violates local, state, or federal law and the

> Tiktok, Ltd is a company operating in the US, with a solid, real US presence. Either the conduct of the company violates local, state, or federal law and the company should be prosecuted accordingly, or it doesn't and they should be left alone. This is not violating the first amendment rights of TikTok. This is just asking Bytedance/CCP to divest from TikTok. Last I heard, CCP is not subject to US laws (maybe CCP thinks otherwise?). Bytedance is a Chinese entity and US first amendment and equivalent don't apply to it. Bytedance - CCP link > In 2014, ByteDance established an internal Chinese Communist Party (CCP) committee.[51] The company's vice president, Zhang Fuping, serves as the company's CCP Committee Secretary.[52][53] According to a report submitted to the Australian Parliament, Zhang Fuping stated that ByteDance should "transmit the correct political direction, public opinion guidance and value orientation into every business and product line."[54][55] https://en.wikipedia.org/wiki/ByteDance https://en.wikipedia.org/wiki/ByteDance If CCP wants American first amendment protections for itself, it should also be subject to all other US laws then.

dragonwriter 2y ago
> CCP is not subject to US laws The Communist Party of China is, in fact, subject to those US laws with extraterritorial application (with the limitations and exceptions the US has chosen to include in those laws), or when it acts within US territory. For instance, see the litigation over Missouri’s claims against the the People’s Republic of China, Communist Party of China, National Health Commission of the People’s Republic of China, Ministry of Emergency Management of the People’s Republic of China, Ministry of Civil Affairs of the People’s Republic of China, People’s Government of the Hubei Province, People’s Government of Wuhan City, Wuhan Institute of Virology, and the Chinese Academy of Sciences under US law over COVID-19 related actions. [0][1] > Bytedance is a Chinese entity and US first amendment and equivalent don’t apply to it. The First Amendment is applicable based on the US government being the actor, not based on who is acted against. [0] https://tlblog.org/missouris-covid-suit-against-china-revived/ https://tlblog.org/missouris-covid-suit-against-china-revive... [1] https://lettersblogatory.com/wp-content/uploads/2024/01/222495P.pdf https://lettersblogatory.com/wp-content/uploads/2024/01/2224... [PDF]
simoncion 2y ago
In addition to what dragonwriter said about the Chinese government being subject to and having the protection of US laws under specific situations: > This is not violating the first amendment rights of TikTok. This is just asking Bytedance/CCP to divest from TikTok. As an aside; did you know that foreign companies can own or otherwise have a controlling interest in US defense contractors that do Top Secret / SCI work for the DoD and other US military customers? It's true! Anyway. China is currently subject to a very limited trade embargo. It is otherwise a country that has "permanent normal trade relations" with the US. Please cite previous Federal precedent that permits FedGov to force countries that we have PNTR with to relinquish their controlling interest in US companies that provide data transfer services [0], or provide publishing services, or operate a newspaper, television or radio station. Make sure to link to actual, official communications, rather than some blogger writing about how the world SHOULD be. > If CCP wants American first amendment protections for itself, it should also be subject to all other US laws then. You're conflating the Chinese government and TikTok. [0] Huawei provides hardware for companies providing data transfer services; the distinction is important.

dragonwriter 2y ago

> CCP is not subject to US laws The Communist Party of China is, in fact, subject to those US laws with extraterritorial application (with the limitations and exceptions the US has chosen to include in those laws), or when it acts within US territory. For instance, see the litigation over Missouri’s claims against the the People’s Republic of China, Communist Party of China, National Health Commission of the People’s Republic of China, Ministry of Emergency Management of the People’s Republic of China, Ministry of Civil Affairs of the People’s Republic of China, People’s Government of the Hubei Province, People’s Government of Wuhan City, Wuhan Institute of Virology, and the Chinese Academy of Sciences under US law over COVID-19 related actions. [0][1] > Bytedance is a Chinese entity and US first amendment and equivalent don’t apply to it. The First Amendment is applicable based on the US government being the actor, not based on who is acted against. [0] https://tlblog.org/missouris-covid-suit-against-china-revived/ https://tlblog.org/missouris-covid-suit-against-china-revive... [1] https://lettersblogatory.com/wp-content/uploads/2024/01/222495P.pdf https://lettersblogatory.com/wp-content/uploads/2024/01/2224... [PDF]

simoncion 2y ago

In addition to what dragonwriter said about the Chinese government being subject to and having the protection of US laws under specific situations: > This is not violating the first amendment rights of TikTok. This is just asking Bytedance/CCP to divest from TikTok. As an aside; did you know that foreign companies can own or otherwise have a controlling interest in US defense contractors that do Top Secret / SCI work for the DoD and other US military customers? It's true! Anyway. China is currently subject to a very limited trade embargo. It is otherwise a country that has "permanent normal trade relations" with the US. Please cite previous Federal precedent that permits FedGov to force countries that we have PNTR with to relinquish their controlling interest in US companies that provide data transfer services [0], or provide publishing services, or operate a newspaper, television or radio station. Make sure to link to actual, official communications, rather than some blogger writing about how the world SHOULD be. > If CCP wants American first amendment protections for itself, it should also be subject to all other US laws then. You're conflating the Chinese government and TikTok. [0] Huawei provides hardware for companies providing data transfer services; the distinction is important.