Regular Readers Will Recall That Baby-T Lost Completely To TikTok And WeChat…

In a minor, and wholly-expected interim outcome, overnight — the Biden Administration advised the DC Circuit Court of Appeals (which court has already heard oral argument) in an appeal of a Tangerine loss (on free expression grounds) — that it would respectfully ask the able appellate panel to hold off on any published decision (even though the same was almost certain to go against Baby-T) — as Mr. Biden is likely to find a less “speech restrictive” way to achieve the same security ends (if he deems it needed, at all), without the Draconian nonsense the prior goons tried to implement, by a lawless executive order.

This also means that ByteDance need not divest TikTokUS right away, to be clear. It is nearly a certainty that Mr. Biden will realize that the First Amendment can be protected, while keeping our nation safe. In truth, we all know Tangerine was just butt-sore that the kids of TokTok made a fool of him in Tulsa. But now all that is likely at an end. Perfect. From the overnight filing then:

. . .This appeal involves a series of prohibitions issued by the Secretary of Commerce that regulate various transactions with TikTok Inc. and its parent company ByteDance Ltd. . . .

As the Biden Administration has taken office, the Department of Commerce has begun a review of certain recently issued agency actions, including the Secretary’s prohibitions regarding the TikTok mobile application at issue in this appeal. In relation to those prohibitions, the Department plans to conduct an evaluation of the underlying record justifying those prohibitions. The government will then be better positioned to determine whether the national security threat described in the President’s August 6, 2020 Executive Order, and the regulatory purpose of protecting the security of Americans and their data, continue to warrant the identified prohibitions. . . .

In sum — sanity is making a comeback. Onward, smiling wryly. . . do cherish your freedom to express yourself, and to associate with whom you choose. . . for that is the American way.

नमस्ते

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