Judge Halts Montana’s First Amendment-Violating TikTok Ban

A TikTok ban in Montana is likely unconstitutional, a federal judge ruled on Thursday.

Judge Donald Molloy, with the U.S. District Court for the District of Montana, issued a temporary halt to enforcing the ban. It was scheduled to take effect on January 1, 2024, and would have meant $10,000 penalties per day for app stores or TikTok “each time that a user accesses TikTok, is offered the ability to access TikTok, or is offered the ability to download TikTok.”

The ruling “is a welcome victory in the face of a relentless and illiberal campaign against the First Amendment and the Internet,” said Ari Cohn, free speech counsel with TechFreedom. “Wholesale bans on speech-enabling platforms are an affront to the First Amendment, and it is deeply troubling that so many have cheered them on based on panic, fear, or a general disdain for the platform.”

Montana’s TikTok ban (SB 419) was signed into law by Montana Gov. Greg Gianforte last May, calling it a measure “to protect Montanans’ personal and private data from the Chinese Communist Party.” The move came amidst a flurry of official paranoia—and propaganda—about how the app, with its Chinese parent company, could be a threat to national security, personal privacy, and America’s youth.

TikTok creators and TikTok itself sued, arguing that the ban was unconstitutional. The two suits were since consolidated.

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TikTok will SCRUB videos of anti-Israel Gen-Zer’s fawning over Bin Laden’s vile 2002 ‘Letter to America’ because it ‘clearly violates our rules on supporting any form of terrorism’

TikTok has blasted users promoting a vile letter written by Osama Bin Laden in regards to the 9/11 atrocities and promised to remove any content referring to it.

‘Content promoting this letter clearly violates our rules on supporting any form of terrorism,’ TikTokPolicy wrote in a post to X, formerly Twitter.

‘We are proactively and aggressively removing this content and investigating how it got onto our platform.’

The video-sharing platform claims the number of videos on TikTok is ‘small’ and ‘reports of it trending [on the] platform is inaccurate.’  

‘This is not unique to TikTok and has appeared across multiple platforms and the media,’ the post added.

Bin Laden, who founded terror group Al-Qaeda with the aim of waging holy war on the western world, wrote a ‘Letter to America’ in 2002 to defend the motivation behind his murderous attack on mainland America that killed thousands of innocent people.

In the viral letter, bin Laden spews anti-American, anti-Semitic and anti-Western viewpoints, citing one of the main reasons for 9/11 being the US support for Israel.

At the time of writing, videos with the hashtag ‘LettertoAmerica’ have been viewed 7.3 million times. 

Extraordinarily the majority are claiming support for the twisted reasoning Bin Laden lays out without a thought for the freedoms he criticizes.

The letter began to gain traction online after UK newspaper The Guardian linked to a 2002 article which translated it in full in a piece about the ongoing Israel-Hamas war. 

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TikTok-Famous Police Chief Swapped Incest Vids on Secret Twitter Account: Feds

TikTok-famous small-town police chief traded incest videos via a secret Twitter account discovered during a search of his home office, according to a newly unsealed federal complaint reviewed by The Daily Beast.

Joel Justice Womochil, 38, went by “@ictbaddad” on the social media platform now known as X, with a profile picture of “Pedobear”—which the complaint describes as “a pedophilic cartoon utilized by some individuals engaged in the pedophile community.”

“Hello kids :)” read the banner across the top of the now-defunct account’s profile page. Womochil, as @ictbaddad, described himself online as a “38 w male looking 4 that special girl that was raised right and wants 2 continue the tradition,” according to the complaint. “If u luv the little things In life message on Wire same name[.]”

Womochil became police chief in Burns, Kansas, a town of 250 people, in February 2022, and served until his sudden resignation in early August. He said only that it was in the “best interest of me and this department,” though he continued working part-time as a detention deputy in neighboring Butler County. A little over a week later, Womochil was arrested on state charges of possessing child sexual abuse material. As of Friday, he is now facing two federal counts of receipt and possession of child pornography, with penalties that could put the disgraced lawman behind bars for decades.

The details of what Womochil allegedly had been seeking out and exchanging online have not been previously revealed.

His TikTok videos of life as a police officer regularly racked up tens of thousands of views, with some getting more than 600,000.

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TikTok star and English language teacher Luke Rockwell, 29, with 2m followers is arrested for ‘having sex with a minor he infected with STDs’ while working at private Christian schools in Bangkok

TikTok star and teacher Luke Rockwell has been arrested for allegedly having sex with a minor her mother says he infected with STDs while teaching English at private Christians schools in Bangkok.

The 29-year-old, from Florida, reportedly contacted a 16-year-old schoolgirl on social media before having sex with her ‘on multiple occasions’ while recording it and telling her to ‘keep it a secret’.

Last month the young girl fell ill with abdominal pains caused by chlamydia and gonorrhea passed onto her by Rockwell, who uses the name Teacher Luke for his TikToks, according to the girl’s mother.

Her worried mother rushed her to hospital before uncovering the alleged sex. 

The horrified mother filed a police report on August 29 and Rockwell was arrested yesterday at his luxury apartment for ‘sex with a minor’ and ‘recording the acts’. 

Speaking today, the shaken mother said: ‘My daughter had been messaging Teacher Luke for months using my phone. She deleted the messages after they chatted.

‘They met and had sex without me knowing, then my daughter caught gonorrhea and chlamydia from him.

‘I knew something was wrong when my daughter looked very sick. She looked pale and she was clutching her tummy complaining about the pain in that area. I kept on asking her questions until she told me about this man called Teacher Luke.

‘My daughter said the first time they had sex, Teacher Luke used protection but after he did not use any. She trusted him.

‘Teacher Luke told her to keep everything a secret until she turned 18. He told my daughter that he loved her and would let her come live with him when she’s no longer a minor.

‘My daughter messaged him the STD test result where she had tested positive for gonorrhea. He promised that he would take responsibility for the costs.

‘I’m not complaining to the police because I want money or compensation. I don’t care about the money.

‘I want every woman and child to know how evil Teacher Luke is. It’s embarrassing for me to tell people about what’s happening to my family but I hope it prevents Teacher Luke from ever taking advantage of any girl in the future.’

Rockwell is from Melbourne, Florida. He graduated from the University of Central Florida. He previously worked at the prestigious Wall Street English college in Bangkok, where he taught locals.

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Biden Wanted To Partner With Communist Chinese App To Spy On Americans

Forbes report has revealed that the Biden Administration attempted to forge a contractual agreement with TikTok that would have allowed the government to control features of the Chinese app to spy on Americans.

Forbes managed to get hold of a draft of the contract between TikTok and the Committee on Foreign Investment in the United States (CFIUS) that would have essentially allowed multiple US agencies to access the app’s records and operations in exchange for allowing it to continue operating in the U.S.

The report notes that the draft agreement dating from mid 2022 would have given the Department of Justice and Department of Defense direct access to TikTok users’ activities, allowing for searches of TikTok’s US headquarters, files, and servers without providing any notice.

The U.S. government would have basically been using the exact same methods via TikTok that the Communist Party in China uses to monitor its citizens.

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U.S. Emulates Communist China in New TikTok Draft Agreement

TikTok asked to pledge allegiance to U.S. security over corporate profits. To avoid being banned, TikTok might have to give the government “unprecedented control over essential functions that it does not have over any other major free speech platform,” reports Forbes, which reviewed a draft agreement between the company and the feds from last summer.

The situation is sadly ironic, considering that the ostensible concern U.S. lawmakers have about TikTok is that it could be subject to too much government surveillance and control by the Chinese government.

Of course, U.S. lawmakers and politicians have never actually been strictly opposed to government snooping on digital communications or strong-arming tech companies. Just look at the Snowden revelations or the Facebook Files. They just don’t like it when they’re left out of the game.

And spreading unproven tales about how the Chinese Communist Party (CCP) might access TikTok’s U.S. user data served the dual purpose of stirring up anti-China sentiment (always a win for a certain strain of hawkish Republican) and giving American authorities a pretense to grab more control of TikTok themselves (a bipartisan desire).

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Is TikTok Really To Blame for Titanic Conspiracy Theories?

The Titanic never actually sank. Or maybe it did, but not because of an accidental run-in with an iceberg. It was really a dastardly plot by Irish Catholics, or perhaps banker J.P. Morgan or an Egyptian mummy’s curse is to blame.

Those—and plenty more—wild conspiracy theories about the disaster that unfolded in the North Atlantic during the early morning hours of April 15, 1912, have been circulating for years, with some starting almost immediately after the Titanic reached the ocean floor.

But now they’re also spreading on TikTok, and The New York Times seems convinced that the social media app is a uniquely dangerous place for kids to encounter ideas that they might otherwise have to find in books, in movies, or elsewhere on the internet.

On TikTok, “musty rumors merge with fresh misinformation and manipulated content—a demonstration of TikTok’s potent ability to seed historical revisionism about even the most deeply studied cases,” the Times‘ Tiffany Hsu and Sapna Maheshwari declare in a piece about the video site’s “Titanic Truthers.”

But the story’s dramatic framing and its specific targeting of TikTok seem at odds with reality—a problem for any article, but especially one that’s supposed to be combating misinformation. Indeed, near the bottom of the piece, Hsu and Maheshwari admit that these TikToks are “just the latest recycling bin for false narratives about the Titanic.”

Is there something uniquely dangerous about the way these ideas spread via TikTok? I asked Joseph Uscinski, a political scientist at the University of Miami who has written extensively about conspiracy theories (including in the pages of Reason), whether this is a worrying development.

“No, we should not be worried,” says Uscinski. “The ability of social media to turn people into conspiracy theorists is vastly overrated, largely because people don’t believe everything they hear and see, and oftentimes, the things they hear and see are things that they sought out purposely because those things match their preexisting beliefs.”

If TikTok—or social media in general, or even the internet as a whole—was causing people to believe in more conspiracy theories, researchers would be able to see that trend. Instead, surveys by Uscinski and others have found that, at the mass level, conspiracy theory beliefs tend to be stable over time.

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Sen. Rand Paul Warns RESTRICT Act Would Allow Feds to Nullify First Amendment

Sen. Rand Paul (R-Ky.) has been a major critic of the RESTRICT Act, which has been sold to Congress and the public as a ban on TikTok.

He warned that it would authorize the federal government to censor any online communications it deems subversive and would nullify the First Amendment.

The popular social media app, which is controlled by a Chinese company with ties to the Chinese Communist Party, has more than 150 million monthly users in the United States alone and is used mainly by people under 30.

The app has been controversial for years, as concerns over security have led to several statewide bans of the app on government devices.

Legislation Faces More Opposition

Former President Donald Trump failed in his attempt to ban TikTok in the United States during his presidency, but momentum has been building ever since.

In April, President Joe Biden demanded that TikTok’s owners divest their stakes in the company or face a nationwide ban.

Sen. Mark Warner (D-Va.) and Sen. John Thune (R-S.D.) co-sponsored the RESTRICT Act, which now has the support of over 20 senators, to give the Commerce Department the power to impose restrictions—up to and including outright bans—on TikTok and other technologies that may pose a national security risk.

It would mainly apply to foreign apps and software from countries deemed hostile to the United States, like China, Russia, North Korea, Iran, Venezuela, and Cuba.

The legislation also empowers the Secretary of Commerce to unilaterally add any other country to the list.

House Speaker Kevin McCarthy (R-Calif.) said the House would draw up a bill to address the Chinese app, but the timeline is unclear.

On May 5, Paul published a column on conservative news website Townhall, warning that the bill “bestows an astonishing amount of power to the Executive branch in a manner that the Chinese Communist Party would approve of.”

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The Patriot Act on steroids: D.C. Uniparty wants to use anti-TikTok legislation as Trojan horse for censorship and surveillance

TikTok is indeed a pestilence upon our society.

But there are right ways to go about minimizing this “digital opium” and its impact on our lives, and other means that will allow the American government to leverage the situation to further curtail our individual rights.

And unsurprisingly, the latter idea is making lawmakers in the beltway beyond giddy this week.

The Restricting the Emergence of Security Threats that Risk Information and Communications Technology (RESTRICT) Act (S.686), which was introduced in the Senate earlier this month, would do much more than just ban TikTok.

This bill is no mere “TikTok ban,” it is a mechanism for a massive, sweeping surveillance and censorship overhaul.  

The RESTRICT Act goes far, far beyond potentially banning TikTok. It gives the government virtual unchecked authority over the U.S. communications infrastructure. The incredibly broad language includes the ability to “enforce any mitigation measure to address any risk” to “national security” today and in any “potential future transaction.”

The Senate legislation currently has 19 cosponsors, all of whom are Uniparty members in good standing. It is fully “bipartisan,” consisting of 9 democrats and 10 republicans. 

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The RESTRICT act aims to tackle TikTok. But it’s overly-broad and has major privacy and free speech implications.

Senator Mark Warner’s Restricting the Emergence of Security Threats that Risk Information and Communications Technology (“RESTRICT”) Act is currently in Senate procedure, as is widely thought to be targeting China‘s TikTok in particular.

However, those who bothered to read the text of the proposed act – which will next be considered by the Committee on Commerce, Science, and Transportation, are warning that it is not merely about TikTok, but aims to grant wide powers over all forms of domestic and foreign communications to the government – such as enforcing “any” mitigating measure to deal with risks to national security.

We obtained a copy of the bill for you here.

And, observers critical of these legislative activities note, there would be no due process in taking these measures, and not much in terms of safeguards.

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