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A group of TikTok creators said Tuesday they filed suit in US federal court seeking to block a law signed by President Biden that would force the divestiture of the short video app used by 170 million Americans or ban it, saying it has had “a profound effect on American life.”

The TikTok users suing include a Texas Marine Corps veteran who sells his ranch products, a Tennessee woman selling cookies and discussing parenting, a North Dakota college coach who makes sports commentary videos and a recent college graduate in North Carolina who advocates for the rights of sexual-assault survivors.

“Although they come from different places, professions, walks of life, and political persuasions, they are united in their view that TikTok provides them a unique and irreplaceable means to express themselves and form community,” said the lawsuit.

Davis Wright Tremaine LLP, a law firm representing the creators, provided a copy of the lawsuit to Reuters it said had been filed in the US Court of Appeals for the District of Columbia Circuit.

The White House declined comment. A Justice Department spokesperson said the TikTok law “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations. We look forward to defending the legislation in court.”

The suit, which seeks injunctive relief, says the law threatens free speech and “promises to shutter a discrete medium of communication that has become part of American life.”

Last week, TikTok and its Chinese parent company ByteDance filed a similar lawsuit, arguing that the law violates the US Constitution on a number of grounds including running afoul of First Amendment free speech protections.

TikTok creators filed a similar suit in 2020 to block a prior attempt to block the app under then President Donald Trump, and also sued last year in Montana asking a court to block a state ban. In both instances, courts blocked the bans.

The law, signed by Biden on April 24, gives ByteDance until Jan. 19 to sell TikTok or face a ban. The White House has said it wants to see Chinese-based ownership ended on national security grounds but not a ban on TikTok.

The law prohibits app stores like Apple, and Alphabet’s Google, from offering TikTok and bars internet hosting services from supporting TikTok unless ByteDance divests TikTok.

The suit says to the extent the government may claim the law is needed to protect Americans data, “it has tried that strategy before and lost.” The suit says “the concerns are speculative, and even if they were not, they could be addressed with legislation much more narrowly tailored to any purported concern.”

The TikTok lawsuit said last week the divestiture “is simply not possible: not commercially, not technologically, not legally … There is no question: the Act (law) will force a shutdown of TikTok by January 19, 2025.”

Driven by worries among US lawmakers that China could access data on Americans or spy on them with the app, the measure was passed overwhelmingly in Congress just weeks after being introduced.

The four-year battle over TikTok is a significant front in the ongoing conflict over the internet and technology between the United States and China. In April, Apple said China had ordered it to remove Meta Platform’s WhatsApp and Threads from its App Store in China over Chinese national security concerns.

Biden could extend the Jan. 19 deadline by three months if he determines ByteDance is making progress.

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US

Trump campaign co-manager calls Lord Mandelson an ‘absolute moron’ as peer is confirmed as Starmer’s new US ambassador

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Trump campaign co-manager calls Lord Mandelson an 'absolute moron' as peer is confirmed as Starmer's new US ambassador

The co-manager for Donald Trump’s presidential election campaign has called Lord Mandelson an “absolute moron” – as the peer was officially announced as the next UK ambassador to the US.

The Labour grandee, who served in Sir Tony Blair and Gordon Brown’s cabinets, will become the UK’s top diplomat in Washington as president-elect Trump returns to the White House in January.

In a post on X, Chris LaCivita linked to an article in The Daily Telegraph which reported on Lord Mandelson describing Mr Trump as “a danger to the world”.

The peer also described Mr Trump as “little short of a white nationalist and racist” during an interview with an Italian journalist in 2019, according to the newspaper.

In the post on X, Mr LaCivita said: “This UK govt is special replace a professional universally respected Ambo with an absolute moron – he should stay home! SAD!”

He added the headline of the piece in his post: “Mandelson described Trump as a danger to the world and ‘little short of a white nationalist’.”

It comes as Sir Keir Starmer confirmed the appointment of Lord Mandelson to the post.

The 71-year-old said: “We face challenges in Britain but also big opportunities and it will be a privilege to work with the government to land those opportunities, both for our economy and our nation’s security, and to advance our historic alliance with the United States.”

The prime minister said: “The United States is one of our most important allies and as we move into a new chapter in our friendship, Peter will bring unrivalled experience to the role and take our partnership from strength to strength.”

Analysis:
Lord Mandelson’s trade background key to pivotal role
Return of ‘Prince of Darkness’ will leave Labour lefties furious

Chris LaCivita, co-manager of Donald Trump's election campaign. Pic: Reuters
Image:
Chris LaCivita, co-manager of Donald Trump’s election campaign. Pic: Reuters

Sir Keir also thanked outgoing US ambassador Dame Karen Pierce, who will leave the post at the beginning of next year.

“I would also like to thank Dame Karen Pierce for her invaluable service for the last four years, and in particular the wisdom and steadfast support she has given me personally since July,” he said.

“She made history as the first woman to serve as UK ambassador to the US and she has been an outstanding representative of our country abroad. I wish her all the very best in future.”

Lord Mandelson was one of the key architects of New Labour and helped the party return to power in the 1990s.

He served as Sir Tony’s trade secretary and Northern Ireland secretary before standing down as an MP in 2004 to become a European Commissioner.

After Mr Brown awarded him a peerage in 2008, Lord Mandelson returned to government as business secretary.

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Business

High street giants plot new warning to Treasury over retail jobs

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High street giants plot new warning to Treasury over retail jobs

Retail giants including Asda, Marks & Spencer, Primark and Tesco will mount a new year campaign to warn Rachel Reeves that plans to hike business rates on larger shops will put jobs and stores under threat.

Sky News has learnt that some of Britain’s biggest chains – which also include J Sainsbury, Morrisons and Kingfisher-owned B&Q – have agreed to revive a group called the Retail Jobs Alliance (RJA).

Sources said the RJA, which was established to push for reform of Britain’s archaic business rates regime, is expected to engage with the Treasury in the coming weeks to say that a wave of tax rises and regulatory changes will threaten investment by major retailers in economically deprived areas of the country.

They intend to produce analysis showing many of the stores with so-called rateable values above a new £500,000 threshold are located in areas which rely on retailers for employment opportunities.

The revamped coalition is expected to be launched in January and is likely to include other high street names, according to insiders.

It is said to be coordinating its plans with the British Retail Consortium (BRC), the industry’s leading trade body.

In total, the RJA’s members employ more than a million people across Britain and account for a significant proportion of the stores with rateable values in excess of the proposed threshold.

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One source close to the group’s plans said it intended to highlight that the higher business rates multiplier contradicted Labour’s manifesto pledge to “[level] the playing field between high street and online retailers”.

The latest intervention by retail bosses will come after weeks of vocal complaints about the impact of Ms Reeves’s maiden budget on the sector.

Last month, a letter signed by dozens of industry chiefs including from Boots and Next said the budget would pile £7bn of extra costs on to them.

These included a £2.3bn hit from changes to employers’ national insurance, £2.73bn from an increase in the national living wage and a £2bn packaging levy bill.

Retailers have since queued up to warn that consumers will face rising prices when the tax changes come into force in April.

Stuart Machin, the M&S chief executive, and Andrew Higginson, the JD Sports Fashion and BRC chair, have been among those publicly critical of the new measures.

Tesco alone faces having to pay £1bn in extra employer national insurance contributions during this parliament.

This week, ShoeZone, a footwear chain, said it would close 20 shops as a result of poor trading and the increased costs announced in the budget.

The hospitality industry has also highlighted the possibility of price hikes and job losses after the chancellor delivered her statement on 30 October.

In response to the growing business backlash, Ms Reeves told the CBI’s annual conference last month that she was “not coming back with more borrowing or more taxes”.

The RJA was initially put together in 2022 by WPI Strategy, a London-based public affairs firm.

None of the members of the RJA contacted by Sky News this weekend would comment.

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Politics

Google to require FCA registration for crypto ads targeting the UK

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Google to require FCA registration for crypto ads targeting the UK

Google said that advertisers who want to promote crypto exchanges and software wallets in the United Kingdom must be registered with the FCA.

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