Dec 6, 2024
TikTok On The BRINK
A federal appeals court has approved and upheld a nationwide ban of short-video app TikTok.
- 12 minutes
We are one step closer to a TikTok ban.
That's right for the 170
million Americans who use TikTok.
They might have to come up with some other
New Year's resolution besides stopping the
use of TikTok, because today, a looming
ban on the Chinese owned application
[00:00:20]
was approved and upheld by a court.
So the question is, will this ban stick?
And ironically, how could Trump's
corruption play a role in keeping the app
on app stores and overturning its ban?
[00:00:35]
We'll talk about it all.
Let's get into some of the details.
I'm going to tell you what happened.
A federal appeals court just greenlit
a federal ban on TikTok, which means
that come January, the app might disappear
from stores and slowly die on your phone.
We'll talk about that.
That's pretty amazing.
[00:00:51]
But the cheat sheet on what happened
is this TikTok is owned by ByteDance,
which, as Trump would say, is from China.
In April, Biden signed a bipartisan
forced divestment legislation,
essentially forcing ByteDance
to sell it by a deadline.
[00:01:07]
And the reason they gave is
the Intel community claims
that China could use TikTok to surveil
Americans and spread propaganda.
And as we all know,
that's not TikTok's job.
That's X's job. That's Elon Musk's job.
TikTok challenged the law
and are arguing it violated American's
[00:01:26]
free speech rights to use TikTok.
But the court sided with the Justice
Department, NPR writes.
In their analysis, the court said it
was precisely because of TikTok's, quote,
expansive reach that both Congress and
the president determined that divesting it
from China's control, quote, is essential
to protect our national security.
[00:01:45]
And Judge Douglas Ginsburg wrote for
the court, the First Amendment exists to
protect free speech in the United States.
Here, the government acted solely
to protect that freedom
from a foreign adversary nation, and to
limit that adversaries ability to gather
[00:02:03]
data on people in the United States.
I have trouble tracking
how that is free speech.
You can't do a platform because your
data might end up in China's control.
I don't know, we'll talk about that.
[00:02:18]
But just for all of you who are plotting
how you're going to ring in 2025,
I put together a nice calendar.
You might want to screenshot it.
If you use TikTok,
you will be happy up until the 19th, at
which point they will stop featuring it.
It'll be the end of the world.
[00:02:34]
The next day will be denial followed,
denial followed by anger, bargaining,
depression, and then worst Instagram.
And then by about the 20th or 28th or so,
you might have to do
some real human interaction.
Sorry for that hack joke,
but that's a big if.
[00:02:52]
The question is what can
TikTok do in this scenario?
What are their next moves?
Well, they can either a turn
to the Supreme Court,
which they're probably going to do,
or China might look to Trump for help.
The TikTok investor,
whose name is literally Jeff Yass,
[00:03:10]
gave $96.2 million to the GOP.
And Trump did change his tune
a little bit on this.
Okay, Trump before that was for the TikTok
ban, probably because he controls
[00:03:26]
Truth Social and his best buddy controls X
and he wanted to ban the competition.
But then Yass showed up
and then he changed his new tune
to say, actually, this ban as written,
might favor Facebook too much,
which is still a sanctioned enemy of MAGA.
[00:03:42]
So that and then finally, before we get
into our larger discussion, here's what
Trump could do to prevent the TikTok ban.
He could either persuade Congress
to repeal the law using the bully pulpit,
he can broker some kind of new deal,
which is his brand.
[00:03:57]
But he never follows through three.
He can declare TikTok is no longer under
Chinese control, or he could just refuse
to enforce the ban.
Those are kind of the widely
discussed things he can do.
But first to kind of guide
this discussion.
[00:04:13]
The question is, do you guys think
that this ban will go through
and do you think it's a good idea?
I feel like it's going to have this.
Obviously this is just speculation
because we don't know which way
the Supreme Court may rule if they get
to that point before you know what.
[00:04:29]
January 19th, I believe,
is when this is supposed to kick in,
which is the day, ironically,
the day right before President Trump
will then be President Trump again
and have his opportunity to do
whatever it is he's trying to do.
I'm not sure if there's a day one
declaration or a day one type of promise
the way that politicians
always talk about.
[00:04:45]
But there's that buffer zone
I'm sure you're probably going to get
to how TikTok won't be available
if this goes through or not,
but there'll be enough of a buffer zone
for him to figure out something.
Maybe one of these 3 to 4 ways
that they're talking about.
I think it'll be around.
The hard part is how would it still be
around the selling of it, the complete
[00:05:04]
decision to just not do anything about it,
feeling like he has this kind of mandate
where he can just either tell Congress
or declare himself or talk to his people
that are in charge of it.
No, we're just not going to go that route
and how they're going
to explain that away.
The explaining away part
might be the easiest thing,
because they haven't had to explain
much of anything that they do
[00:05:21]
that they've either reneged on or that
they've just simply not done or done
that they declared that they wouldn't.
It's going to be around.
It's going to be hard for them
to get rid of.
Tick tock.
Even though I guess the larger
demographics of folks that are voters
don't use it as much as,
say, teenagers or 20 somethings.
[00:05:39]
It's one of those things
where I think he learned it when he had
his first go around declaring, oh my God,
it's it's China, they're coming for us.
And then flipped his script on it,
because what he wants
to ultimately be is popular.
And that's going to be
the bottom line I think.
Right. Mark, what are your thoughts?
[00:05:56]
JR is so right about the fact
that it's going nowhere.
You got 170 million users
of TikTok in this country.
It's loved. It's beloved.
It may exceed in how much it's loved.
It may exceed Facebook and Instagram.
I mean, it's really it's taken a hold
in American society
[00:06:12]
and it's become a great marketing tool.
It's become a sort of a commercial part
of the business community to the point
that they can advertise there.
It's part of so many fabrics
within American society now that it's more
than just like a social media thing.
[00:06:29]
That just puts us
in touch with cool videos.
So to unwind all of that
is just much too big and steep a hill
for this administration to climb.
Plus, this administration is populated
with people who really,
[00:06:44]
they're the mother's milk of so much of
what they do is social media,
and TikTok is an asset to them as well.
So for all those reasons and more,
it's going nowhere.
Now, the legal machinations and how it's
going to sort of manifest, as J.R.
Said,
a little tough to predict at this point.
[00:07:01]
And the last thing I'll say is
if a sale was forced, it would be just
that it would be a forced sale.
So you probably wouldn't get
fair market value, if you will,
for American control of TikTok.
And it would open up the door
to one of Trump's pals.
[00:07:18]
I mean, talking about one of these
billionaire guys to come in and grab
TikTok, this tremendous asset
for all the reasons I just mentioned and
more at a sale price, a forced sale price.
And one of the people who has indicated
an interest in doing that should
[00:07:33]
it become available is Jared Kushner.
So watch for all of this to unfold
in one way or another.
But TikTok itself is going nowhere, right?
That's the thing I so we kind
of settled the question, right.
They keep saying that the reason
that they want to ban it is because China
[00:07:49]
is gonna get your information.
Do you guys buy that at all as a reason,
or is it this just like I want
to sell it off to an American company?
I don't buy the protection of our
information, because if you really cared
about protecting our information,
you'd prevent it from being used
by all of these domestic businesses
[00:08:07]
that have access to our information.
I mean, our location, our identity,
all of it's being tracked in boilerplate
terms and conditions, from Facebook
to some gift you're going to buy on eBay.
So I don't buy it.
No. Yeah, there's
it's one of those things.
It's, I mean, domestically, Mark,
you're talking about how it's
[00:08:25]
already been sold in our identities
and our locations and everything.
I have no expertise in this,
but I'm paranoid.
I think, as you guys already know,
I feel like people's information
is all across the world already.
So. I mean, if you're worried about that,
it's already happened, in my opinion.
[00:08:40]
I don't know that for sure,
but, if it hadn't happened now,
it's going to at some point
from all these other entities and ways
that we can spread our information
and honestly not think about it
or read any of the terms behind it.
Yeah.
So I just put up in the chat,
a poll saying, why do they want
to ban TikTok, to sell it off to cronies
or to protect Americans?
[00:08:59]
And immediately it's like 87
to 50 or 85 to 15.
They want to sell it off to cronies.
I just yeah, I agree, I think
that the most appealing thing to them,
and I think this is a microcosm
for what's to come with the Doge.
[00:09:15]
I there's people like Ro Khanna
who are going out there and saying,
I earnestly, if you guys want to play ball
and talk and you want to eliminate waste
in government spending?
Yes, I'm here for it,
for a real discussion, but I don't think
that's the real discussion to be had.
I think the closer incarnation
to what we're going to see from Doge
[00:09:34]
is just this is like,
we got together and decided that we
would like to make money off this thing
instead of the people
who are making money off it now.
And so we're going
to weaponize Congress to get them.
This is a bipartisan thing,
to get them to agree on something
[00:09:51]
which is itself like a miracle,
unless you see it for what it is, which is
just a bunch of people being like, yeah,
I'd like to make money off of that, right?
I don't know, what do you guys honestly.
But the bottom line of it all
is going to be Trump is going to take this
whatever way it decides to stay around,
whether it even be before he steps in.
[00:10:11]
It's going to be one of those look
what I did for you.
Look what I did for you type of moments.
I remember the UCLA basketball players
that were that were held in.
Where were they?
- Was it China as well.
- Lonzo ball Yeah.
Or. Not.
- The.
- Middle ball.
[00:10:26]
Liangelo. Right.
Isn't that his name?
The one who's not in the NBA. Yeah.
The, when they were held overseas.
And then he's like, I really look I look,
look what I did for them.
And he couldn't give a half a damn for
them at all until he had the opportunity
to make himself look good.
[00:10:42]
That would be the motivation behind it.
Whatever way it comes,
you be prepared for the high step.
Well, he'll definitely take a victory lap.
He loves taking those
victory laps on anything.
He's already taking victory laps
on the stock market, claiming that it's
at record levels because people were
anticipating this is before the election.
Okay.
It was already hitting record levels then.
[00:10:58]
You know,
people were anticipating his victory.
So he'll definitely take a victory lap.
I think also,
and this is kind of an interesting point
that you guys are raising,
perhaps it will be the blessing of Trump
that will be needed for the House to kind
of act should it get to that point.
[00:11:14]
So I wonder if he won't have
an oversize place at the table
in determining who actually
or what entity might end up buying TikTok
should the for sale go through?
Right.
And this is not an important thing in
America, which means they will talk about
[00:11:30]
it because it's the perfect news peg.
It's something unimportant
that people immediately have a lot
of like water cooler opinions about.
And if you're wondering what will happen
to TikTok, if it does get banned, it
just will be removed from all the places
where you can purchase your apps
[00:11:49]
and it will no longer update,
meaning that it will just slowly
get glitchier until you finally
throw your phone out the window
and get a new iPhone 25.
- I would say just like the same iPhones.
- Yes.
All right, it's going nowhere.
It will not go away.
[00:12:04]
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