Supreme Court seems to signal they'll uphold the Tiktok ban

itsyoung!!

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it's absolutely about american rights when the u.s intervenes to ban a platform because they don't like what content americans can see, say or share on it.

right like americans can sell cars in china but china's EV's are banned in america or have massive tariffs thats basically a defacto ban.
Is that why they are banning it ? Or is it also because China has banned all American based social media and we are just returning the favor?

You seem to skip over this point
 

Eternal Tecate

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they groomed an entire generation not to give a damn about data privacy and now they're crying wolf about it.


i remember for well over a decade LEO constantly lobbied against encryption and had so many hearings in congress about it, afraid of going "dark" so they can't spy on americans. then they discovered U.S telecom companies were hacked and a ton of data was stolen, now they're recommending americans use encrypted apps to communicate which is what every security professional have been arguing for the past 2+ decades. fukking 🤡's


China also subscribes to a different form of encryption than the rest of the world
 

hitmonlee

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Yeah, at least for now, unless an American company buys it, but it would take an act of Congress to lift the ban.Sadly with Elon and Zuckerberg having Trump's ear, that will never happen..
I’m reading it just won’t be getting updates…that means you can still have it on your phone and watch

This is confusing lol

I’ve never had tik tok btw I’m 40+

Surprised this isn’t getting bigger news
 

bnew

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Sorry that I want America to act like a nation, and not a free trade zone with barely existent borders. :yeshrug:

In America’s entire history from its founding to now, “free speech” has never and will never trump National Security concerns.

Not once in American history have we risked the health of our republic over vague notions of free speech. Nor is a foreign adversary actively engaged hostilities with the US been afforded the protection of free speech.


I don't disagree with the rationales you listed. You summarized the arguments for this bill quite well I think, especially point 3 and 4. The only thing missing would be it would also significantly benefit U.S. tech companies, which is why Meta was the one that started the whole lobbying effort.

But the user above didn't ask what's the reason behind this law, but whether the government can legislate this way, which turns it into a legal issue.

There are strong arguments on both sides, especially 1st Amendment rights for TikTok's American users.

During the Cold War, the Supreme Court, in the case Lamont vs. Post Master General, has voted 8-0 to uphold not only American citizens' rights to receive Soviet propaganda, but the U.S. government aren't even allowed to inconvenient people in doing so.

So the government needs to prove to the court that TikTok was targeted *not for any reasons related to content (even if it's proven to be Chinese propaganda, which the government admitted there is no evidence). But like you said, the government repeatedly used the 4th point in your comment to argue for the bill in the first place, which kind of shot themselves in the foot.

Point 1 an 2 are something I agree with actually (fukk CCP for banning Western social media, every time I go there I have to use VPN), but whether they are reasonable, or even good policies, doesn't change the legality of it, which is the only thing the court would consider.

At the end of the day this will be a very messy fight and not even seasoned legal experts can tell you the result is guaranteed one way or another. Both sides will have top tier lawyers making very strong arguments.

Anyone on Reddit who declares the case is cut and dry has no absolutely idea what the hell they are talking about.


That argument doesn't work if the primary reason to ban TikTok is because you don't like the content of the material produced by the ownership of TikTok. That's pretty much a guaranteed first amendment defeat.

Even in the cold war, Americans were granted the right to consume propaganda directly published by the Soviets and the CCP (see Lamont vs Postmaster General 1965). By your logic, the first amendment rules don't apply if Congress simply ruled that the CCP has to divest ownership of the Peking Review or have that magazine banned, which is obviously absurd. If Americans want to consume media content edited/published by particular owners/authors, then the first amendment guarantees them that right and pretending that forcing those owners/authors to divest isn't an infringement on the rights of Americans to consume their content is absurd.

The government has to come up with an argument not related to the content of TikTok and that will be very difficult given they have never proven in the court of law that TikTok has done anything that deserves the ban.



Unfortunately for that issue, the first amendment guarantees the right of Americans to consume foreign propaganda if they wished, and that right cannot be impeded / inconvenienced / etc. That right has been established multiple times during the cold war, such as Lamont v. Postmaster General, 381 U.S. 301 (1965)

However, those questions are not before us, since the addressees assert First Amendment claims in their own right: they contend that the Government is powerless to interfere with the delivery of the material because the First Amendment "necessarily protects the right to receive it." Martin v. City of Struthers, 319 U. S. 141, 319 U. S. 143. Since the decisions today uphold this contention, I join the Court's opinion.
I think the right to receive publications is such a fundamental right. The dissemination of ideas can accomplish nothing if otherwise willing addressees are not free to receive and consider them. It would be a barren marketplace of ideas that had only sellers and no buyers.
So if that's the reason to ban TikTok, then it's undoubtedly unconstitutional.

And before anyone says "it's not a ban, it's a forced sale", forcing the owners of a media platform to sell solely because you don't like what they say on the platform is infringing upon the rights of Americans who want to consume what those owners want to say. This is basic constitutional precedent.




.Nope. What the US has are FCC regulations against foreign ownership of BROADCASTERS. Broadcasters don't mean media companies, it means being granted exclusive rights to use a portion of the radio frequency spectrum by the government. As such, license of the spectrum is not about content of speech but about regulating exclusive access to a limited public good (radio frequency). These laws do not apply to speech on the Internet. Broadcast license holders can deny others access to the physical spectrum, which is where government regulation comes in (i.e. preventing someone from taking over frequencies that are used by the military), whereas the existence of TikTok has no impact on anyone else's ability to launch their own websites / apps / etc.

The supreme Court has specifically said that these laws do not present a first amendment issue because of the unique characteristics of broadcast scarcity. That scarcity doesn't apply to Internet content.

https://constitution.congress.gov/browse/essay/amdt1-7-10-4/ALDE_00000220/

Even though this licensing system is in form a variety of prior restraint, the Court has held that it does not present a First Amendment issue because of the unique characteristic of broadcast scarcity.1 Thus, the Federal Communications Commission (FCC) has broad authority to determine the right of access to broadcasting,2 although, to avoid heightened constitutional scrutiny, the regulation must be exercised in a manner that is neutral with regard to the content of the materials broadcast.3

Additionally, even this regulation cannot discriminate in regards to the content of the media being broadcast, so you can't simply deny a license just because you don't like the content of Chinese propaganda, but because foreign ownership of the radio frequency spectrum can be a danger unrelated to the actual content (which doesn't apply to Internet applications).


snippet:

Brennan: ‘Right to receive publications’ is fundamental right​


Justice Brennan made explicit what had been implicit in the majority opinion, declaring that “the right to receive publications is . . . a fundamental right,” the protection of which is “necessary to make the express guarantees [of the First Amendment] fully meaningful.” Although mentioned in a concurrence only, the “right to receive” was clearly acknowledged by the entire Court because the Court premised its holding on the addressee’s, rather than the foreign speaker’s, constitutional claim in order to avoid the difficult question of whether foreign governments have First Amendment rights.
 

bnew

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Duolingo sees 216% spike in US users learning Chinese amid TikTok ban and move to RedNote​


Sarah Perez

1:09 PM PST · January 15, 2025



TikTok U.S. users have been learning Chinese on Duolingo in increasing numbers amid their adoption of a Chinese social app called RedNote ahead of the TikTok ban. The U.S. law, scheduled to go into effect on January 19, unless halted by the Supreme Court, will see TikTok removed from U.S. app stores and will stop the app from functioning on users’ devices unless they install a VPN client.

Instead of trying to work around the ban, however, over 700 million TikTok users have shifted over to the social video platform RedNote (aka Xiaohongshu), prompting a surprising cultural exchange between the two countries’ citizens — not to mention quite a few requests for American users to help with Chinese users’ English homework.

Though some TikTok refugees have since struggled with technical problems when signing up for RedNote, and others immediately got booted for community violations, the intent of the move from one Chinese-owned app to another is meant to send a strong signal to the U.S. government and would-be TikTok competitors like Meta that there’s demand for the type of social networking experiences that China creates and U.S. companies have only managed to imitate.

The move is also serving as something of a pulse check as to whether or not U.S. users are worried about Chinese companies collecting their personal data for nefarious use — one of the key factors that led to TikTok’s ban in the first place. (As it turns out, many are not, as this migration shows.)

However, because Shanghai-based Xiaohongshu/RedNote is designed for a Chinese audience, the app’s default language is Mandarin Chinese. That prompted an increase in U.S. users of the Duolingo language-learning app to take a crash course in Mandarin.

According to Duolingo, the app has seen roughly 216% growth in new Mandarin learning in the U.S. compared to this time last year, with a sharp spike in mid-January as RedNote’s adoption took off. In addition, the company reports that in its “How did you hear about us” survey that new users are prompted to answer, it’s seeing a corresponding spike in people selecting “TikTok” as their response.

oh so NOW you’re learning mandarin

— Duolingo (@duolingo)
January 14, 2025

“Oh so NOW you’re learning mandarin,” the company joked in an X post on Tuesday. It also posted a video to TikTok promoting the use of its app for learning the Chinese language. The short video showed the company’s green owl mascot at the airport heading to China overlaid by text that said “me because I’d rather move to China & learn Mandarin on Duolingo.” The video currently has north of half a million likes. Another more recent video focused on teaching Mandarin phrases for “TikTok refugees” has over 620,000 likes.

According to data from app intelligence provider Appfigures, consumer demand for Duolingo’s language learning courses has also affected the app’s install base.

The firm reports Duolingo’s app saw a 36% increase in U.S. downloads across the App Store and Google Play combined as of January 3 — an early sign that users may have tried out different Chinese social apps before the surge to join RedNote hit later in the month.

A week ago, Duolingo was ranked in the 40s for Top Apps (minus games) and Top Overall (including games). As of right now, it’s No. 22 in Top Overall and No. 20 in Top Apps.

starter pack pic.twitter.com/XE9mPuWBW9

— pamela 🎡✨ (@tisthepamseason) January 14, 2025[/SIZE





1/22
@duolingo
oh so NOW you’re learning mandarin



2/22
@tisthepamseason
starter pack



GhQ3FtjW0AArZF6.jpg


3/22
@thekimikoeri
Google translate is a horrible translator lol the built in translation app on iPhone is wayyyy better.



4/22
@tisthepamseason
it was mainly for the bit, i usually screenshot then translate using iphones translate button



5/22
@DBATCats
fave new app 🤣🤣🤣



6/22
@tisthepamseason
i posted a picture of my cat and the memes these people have are astonishing



7/22
@_silver1412
Languages student here, I suggest Pleco for translating hanzi characters! It's so useful



GhQ83ppWMAAStAJ.jpg


8/22
@tisthepamseason
thanks!!!



9/22
@ksly_T
6



10/22
@sarahhh_xxxx
WEAK💀



11/22
@LaurenceMister
希望你坚持下去哈哈哈哈哈😂



12/22
@animefanatic781
Pretty much 😅



13/22
@raccsonme
You can just highlight text and click the translate button or, ‎Gboard – the Google Keyboard



14/22
@cinnabonVT
dont forget this gold mine



GhVPrzeXsAAxclV.jpg


15/22
@Kimvi12




16/22
@DennyWang99
你好



17/22
@nyambu__
You know it!😅



18/22
@xiy536479284928
I'm learning English. If we can be friends, I can teach you Chinese.



19/22
@CHNMichiLeBest
😂



20/22
@tdiswatermelon
H哈哈哈,新手套装🤣



21/22
@fyxerr
Millennials are so embarrassing



22/22
@wildfireluffy
Lmfaoooo




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Last edited:

bnew

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1/50
@butleriano
if the government bans rednote i’m just going to start printing out my browser history every night before i go to bed and dropping it off at the Chinese consulate the next morning on my way to work.



2/50
@Subhamkr1012
Guess the Chinese consulate is about to get a whole new appreciation for cat videos and late-night Wikipedia rabbit holes.



3/50
@oshiimid
Or you could sign a waiver allowing the NSA to send it to the consulate directly. Saves us the hassle.



4/50
@NMusharat21075
That's a bold backup plan direct and hands on data sharing



5/50
@TWorldsBestHero
😭🤣🤣🤣😭



6/50
@TrollistanKaka
You don't have to wait 💀



7/50
@BrijuJaat
That’s one way to make a statement! If they ban it, might as well go big .



8/50
@SushilK31603060
"Modern problems require analog solutions—taking data sharing to a whole new level."



9/50
@Ruman90
Lmao, that’s one way to keep the government on their toes! 😂 “Here’s my browser history, enjoy the show!” Next level espionage vibes. 🕵️‍♂️



10/50
@okkpulkit
Bold move, direct delivery for maximum impact. 😂



11/50
@EagleEyeUS
This is a bold way to deal with digital surveillance!



12/50
@PierreGBlanchet
screw with them ahah



13/50
@dharmendrajat07
It sounds like you're expressing a humorous take on the situation with Rednote and privacy concerns! It’s a unique way to cope with the frustrations of government policies and data privacy issues. Finding creative outlets for such feelings can be a fun way to deal with them!



14/50
@dariosneijder
This resembles that Office episode where Michael threatens David Wallace about opening more paper companies over and over again if they had been forced to fill into bankruptcy



15/50
@BittenBird
im letting them make and manage phone calls. take everything idc anymore



16/50
@Tombor13
Can you still get free copies of Governance of China? There's a consulate about 40 minutes away



17/50
@JoeOTunmise
😂😂😂



18/50
@casualenjoyer69
Pulling up to the Chinese embassy with all the epic the musical songs on an mp3 and a usb drive of all the animatics I can find



19/50
@splinter110505
Excellent tweet. 10/10. No notes.



20/50
@tsgg96
I hope Fox news finds this tweet



21/50
@Powered_541
Going to the nearest Chinese embassy and giving them a journal of funny things I thought of every day



22/50
@capri2_me
🤣🤣🤣🤣🤣



23/50
@XiaXieS
“No, thank u”



24/50
@crazkittensmile
@himbohausewife



25/50
@TYCHEN0226
快进到被缅甸电诈找上🤣



26/50
@BrockRob86
@stoleloafofmeth I have been laughing about this for at least 15 minutes. So thanks for that



27/50
@carolynjcl
Awesome 😎



28/50
@hungdover
much appreciated



29/50
@Lynnqing890213
Leaf



30/50
@Shelby_Naber
I am not able to quiet laugh and am in a quiet office😭😂



31/50
@h0wlwrath
dont be shy add your phone contact list, address on there, not like all apps dont get those.



32/50
@EvOLQuEeN666
I laughed too hard at this and annoyed my partner who's trying to focus on work.



33/50
@HHadramout
🤣🤣🤣



34/50
@SaucepanRex
Welp 😂😂



35/50
@moms_empowered
Sounds like a solid plan! Just make sure to add a little flair to your printouts. They could use some entertainment too!



36/50
@rebeccah6691
@HeatherMagoun



37/50
@Carrey8786
😂



38/50
@whyisjadakiss
It’s your bank info. And thinks like SSN and such



39/50
@Billy6315345005
Hahaha



40/50
@abigbutandsmile
😂🤣😂



41/50
@LinXiao_Swh
倒…倒也不必这样…💦



42/50
@TaineCao
😳😳😳



43/50
@trayoungsheldon
@chiefonthatship



44/50
@Emiliezcs
this is terrorism against the CPC, stop flooding their offices with paper they dont want 😡



45/50
@1BOMBDIGGITYBOO
Lmfaooooo



46/50
@ZenParagon
China voluntarily receiving data from US citizens without having to do much



GhU079EbgAAL9IE.jpg


47/50
@rompolyglot
Why is this so funny



48/50
@nevermore7757
I dont understand



49/50
@bettemumu
哈哈哈哈哈



50/50
@menalime8
Lmao




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:mjlol:
 

bnew

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1/3
Dare Obasanjo

Biden realizing that he’s given Trump a win by banning TikTok as the literal final move of his presidency.

bafkreienkl42xccsehz5xjswc7abo46g5xkegtyprwdsuxnhexxz4sq6dm@jpeg


2/3
‪brr‬ ‪@brr.bsky.social‬

how is it handing trump a win?

3/3
‪Derek Parks‬ ‪@derekparks.dev‬

That would imply forethought. More likely, he just can't pick a lane.

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1/2
Derek Powazek

We're all trying to find the guy who signed the law to ban TikTok. 🌭
Biden administration looks for ways to keep TikTok available in the U.S.

bafkreieyzvypy4iq57bhkpwopkapawtpodn2okenqj7vf6fr6wf2e6343m@jpeg


2/2
‪dusty411.bsky.social‬ ‪@dusty411.bsky.social‬

Perfect use of that emoji. 🙌🏻😂

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1/2
Brandon Friedman

This will test everyone's growing sense that laws are no longer real. What's supposed to happen Sunday, by law, is unambiguous in word and spirit. Without Supreme Court intervention or a buyer, TikTok is supposed to shut down. And both administrations are planning to just . . . not enforce it.

bafkreihwfj6dhkkasgxfrkksr5dyajpi4spfqc7g2kepl6trtqhugoavli@jpeg


2/2
‪Mark Anderson‬ ‪@emer.net‬

Why'd he sign the damn thing then?

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1/1
Peter Sterne

The people who supported the TikTok ban have argued "it's not a ban, since Bytedance could just sell the app" which I had assumed was just a bad-faith attempt to spin an unpopular ban, but it's possible they really were foolish enough to believe that. Biden administration looks for ways to keep TikTok available in the U.S.

bafkreieojbe7gnl6ob5fgitimxmyyxp2mpwebaf2sghdu57ptznh47afsu@jpeg


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bnew

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Biden administration looks for ways to keep TikTok available in the U.S.​


Barring action by the Supreme Court, a ban on the popular app in the U.S. is set to begin Sunday.

Jan. 15, 2025, 10:51 PM EST

By Carol E. Lee, Jonathan Allen and Savannah Sellers

President Joe Biden’s administration is considering ways to keep TikTok available in the United States if a ban that’s scheduled to go into effect Sunday proceeds, according to three people familiar with the discussions.

“Americans shouldn’t expect to see TikTok suddenly banned on Sunday,” an administration official said, adding that officials are “exploring options” for how to implement the law so TikTok does not go dark Sunday.

If the administration moves forward with any such plan, it would mean the popular app’s going down would not define his last full day in office, and it would defer the issue to Donald Trump, who will be inaugurated Monday.

Mike Waltz, Trump’s incoming national security adviser, told Fox News on Wednesday that Trump is ready to intervene to preserve access to the Chinese-owned video app in the American marketplace. And Pam Bondi, his pick for attorney general, refused to commit to enforcing the ban when she was asked about it at her Senate confirmation hearing Wednesday.

The moves represent parallel efforts by the rival presidents to execute an end-run around Congress and the Supreme Court, which is teed up to rule on the ban at any time.

Still, a White House official insisted that not enforcing the ban, if it is upheld, is not an option.

“We are not considering deferring enforcement,” the official said. “Statutorily, we don’t believe we have the authority to do that.”

Biden’s and Trump’s positions are reversals from their onetime support for banning TikTok.

The Trump transition team did not respond to requests for comment on the plan.

TikTok is considering its options, including the last-ditch possibility that it goes dark Sunday, though it could also allow the app to remain active but without future updates and bug fixes.

The law in question required ByteDance, TikTok’s China-based owner, to divest from the company and find an outside buyer to take over within nine months. That window closes Sunday. The law also gave the president the authority to grant a one-time 90-day extension if “significant progress” has been made toward divestment.

The measure was enacted in the name of national security, as lawmakers believed U.S. users’ data was at risk of being compromised by China or that China could influence Americans by controlling content on TikTok. TikTok — which has long said those concerns are meritless — and some of its users sued to block the law, challenging it from a First Amendment standpoint.

Without a sale, a reprieve for TikTok would mean that the national security concerns would, at least for now, remain unresolved.

Just days ahead of the potential ban, throngs of U.S. TikTok users have downloaded Chinese alternatives that pose similar security issues.

Trump, who tried and failed to implement a ban during his first term, vowed on the campaign trail last year to “save TikTok.” Biden signed the ban into law as part of a $95 billion measure providing aid to Ukraine and Israel in April. But now his White House is looking to take the teeth out of it.

Rep. Ro Khanna, D-Calif., a longtime Biden ally, is among a small set of lawmakers who have appealed to the White House and the Supreme Court to stop the ban.

“I’m hopeful that President Biden will listen to the millions of voices who don’t want the lights to go out on this app,” Khanna said. “He has the power to extend the timeline to try to have a solution that prevents the app from shutting down.”

Sen. Ed Markey, D-Mass., also said he has relayed his concerns to White House officials and asked them to delay the ban.

He said they replied that they “would take it under consideration” but did not give a clear answer about what would happen.

Late last month, Trump filed a brief urging the Supreme Court to hold off on implementing that part of the law so the incoming president could “pursue a negotiated resolution” to prevent a TikTok shutdown. Trump’s attorney John Sauer argued in the brief that Trump “received a powerful electoral mandate from American voters to protect the free-speech rights of all Americans — including the 170 million Americans who use TikTok.”

Days later, Trump asked on his Truth Social platform: “Why would I want to get rid of TikTok?”

He attached a graphic showing his broad reach on the short-form video app, which claims 170 million U.S. users.

Last week, Supreme Court justices did not appear convinced by TikTok’s free speech arguments, though they could decide to temporarily block the law while still ruling against the company.

During arguments, Chief Justice John Roberts pointed to Congress’ finding that TikTok’s parent company is subject to Chinese laws requiring it to assist in intelligence-gathering.

“So are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?” he asked.

In addressing the free speech concerns, Roberts said, “Congress doesn’t care about what’s on TikTok.”

Lawmakers were “not saying TikTok has to stop,” he added. “They’re saying China has to stop controlling TikTok.”

While TikTok’s Asia headquarters are in Singapore, its parent company, ByteDance, is in Beijing.

Some congressional Republicans who voted for the law said they expect Trump to step in and negotiate a sale to U.S. interests once he takes office.

“They have to divest by law, so Trump could play an effective role by finding a buyer. ... He fancies himself as a top negotiator,” said Rep. Mike McCaul, R-Texas, a China hawk who was chair of the Foreign Affairs Committee when Congress passed the legislation last year. “Otherwise, I guess it shuts down unless he can find a way to divest it.

“A lot of these influencers rely on TikTok,” he continued. “They don’t want to switch over, but ByteDance is controlled out of Beijing. It’s just not a threat to Congress but to our children.”

Sen. John Kennedy, R-La., said there is only one path for TikTok if it wants to continue operating in the United States: divestiture.

“Congress has already passed the bill,” he said. “What I’m hoping for is the owners of TikTok come forward and say, ‘We will never share Americans’ data with the Communist Party of China, and here’s how that will be enforced: divesting from the parent company.’”
 

NobodyReally

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Was the world in the dark about the conflict between Israel and Arab states before 2016 when Tik Tok was founded?

No right?
Thank you.
At this point you're being deliberately obtuse. Never before TikTok had the Palenstinian people had an opportunity to show the violence happening to them in real time. You name one instance where before TikTok, we saw footage of Israeli soldiers gunning men, women, and children down in real time. Where we saw the aftermath of their violence on orphans. Where we were able to see actual dead and injured Palenstians. You can't. Because major networks would not show it, and they referred to all Palenstians as Hamas. They could not and can no longer do that because of the way TikTok opened up a visual narrative that had been suppressed by corporate media and the Israeli and US governments. Unless you can find documentation of this occurring before TikTok, you really don't have anything to contribute to this conversation.
 

Remote

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363,098
At this point you're being deliberately obtuse. Never before TikTok had the Palenstinian people had an opportunity to show the violence happening to them in real time. You name one instance where before TikTok, we saw footage of Israeli soldiers gunning men, women, and children down in real time. Where we saw the aftermath of their violence on orphans. Where we were able to see actual dead and injured Palenstians. You can't. Because major networks would not show it, and they referred to all Palenstians as Hamas. They could not and can no longer do that because of the way TikTok opened up a visual narrative that had been suppressed by corporate media and the Israeli and US governments. Unless you can find documentation of this occurring before TikTok, you really don't have anything to contribute to this conversation.
I am sure that's why you signed up for TikTok.
To get breaking news the mainstream media won't cover.

I'm sure it's that, and not the same memes and big booty hoes you see on every other platform.

:ehh:
 
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