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<h1 data-aos="fade-down" id="daily-dose">Daily-Dose</h1>
<h1 data-aos="fade-right" data-aos-anchor-placement="top-bottom" id="contents">Contents</h1>
<ul>
<li><a href="#from-new-yorker">From New Yorker</a></li>
<li><a href="#from-vox">From Vox</a></li>
<li><a href="#from-the-hindu-sports">From The Hindu: Sports</a></li>
<li><a href="#from-the-hindu-national-news">From The Hindu: National News</a></li>
<li><a href="#from-bbc-europe">From BBC: Europe</a></li>
<li><a href="#from-ars-technica">From Ars Technica</a></li>
<li><a href="#from-jokes-subreddit">From Jokes Subreddit</a></li>
</ul>
<h1 data-aos="fade-right" id="from-new-yorker">From New Yorker</h1>
<ul>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>The Investigations of Joe Biden Begin</strong> - A new Republican House subcommittee and a new special counsel pose more of a political threat to the President than a legal one. - <a href="https://www.newyorker.com/news/daily-comment/the-investigations-of-joe-biden-begin">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>A Message for the Federal Reserve in the New Inflation Data</strong> - As a new report shows price pressures easing, should the central bank rethink its strategy of raising interest rates? - <a href="https://www.newyorker.com/news/our-columnists/a-message-for-the-federal-reserve-in-the-new-inflation-data">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Californias Devastating Storms Are a Glimpse of the Future</strong> - Even as the state weathers a megadrought, climate change is increasing the risk of catastrophic floods. - <a href="https://www.newyorker.com/news/annals-of-a-warming-planet/californias-devastating-storms-are-a-glimpse-of-the-future">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>How Eric Adams Started Mentoring a Con Man</strong> - Eric Adamss friends and allies have puzzled over his relationship with Lamor Whitehead, a fraudster Brooklyn church leader. - <a href="https://www.newyorker.com/news/our-local-correspondents/how-eric-adams-started-mentoring-a-con-man">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>The Origins of Joe Bidens Document Mess</strong> - At the end of his Vice-Presidency, all official documents should have been transferred to the National Archives. How did some end up elsewhere? - <a href="https://www.newyorker.com/news/q-and-a/the-origins-of-joe-bidens-document-mess">link</a></p></li>
</ul>
<h1 data-aos="fade-right" id="from-vox">From Vox</h1>
<ul>
<li><strong>Your credit card rewards might not be worth it</strong> -
<figure>
<img alt="An illustration of money flying out of a trash can." src="https://cdn.vox-cdn.com/thumbor/S52FcmWO39QfTfv7uj2zA5_WT5A=/0x278:1823x1645/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71873804/GettyImages_532257574.0.jpg"/>
<figcaption>
You might think youre gaming credit card rewards, but they could be gaming you. | Getty Images/DigitalVision Vectors
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</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
Credit card rewards are only good for you if you are good at them.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="WC5VXf">
Credit card rewards can feel super fun. Buying new stuff and spending money is exciting, and if you get presents for doing so, whats not to like? Credit card companies are well aware of the allure for consumers — rewards are a good way to get <a href="https://thepointsguy.com/guide/card-issuers-drive-loyalty/">people in the door</a> and <a href="https://www.lendingtree.com/credit-cards/study/loyalty-programs/">try to keep them loyal</a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="hblfJo">
What many consumers dont like to think about are the trade-offs they make when they sign up for rewards cards; after all, your points and miles and cash back arent gifts from the sky for being special. Rewards can come at a hidden cost, <a href="https://www.vox.com/the-goods/22454885/who-pays-for-credit-card-rewards">often to lower-income consumers and people who pay in cash</a> after merchants, who pay higher swipe fees for fancier cards, pass on extra expenses. But rewards cards also come at a cost for people who, to put it plainly, arent very good at using them. With all the websites dedicated to the ways to game the credit card system, its easy to overlook all the ways that, if youre not careful, the system is gaming you.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="LglEaN">
Rewards cards are only really useful for consumers who are generally credit-savvy. Less financially sophisticated consumers — meaning people with higher unpaid balances or who dont pay off their cards month to month — ultimately end up losing out. They wind up subsidizing the rewards of people who are a little better at credit, wherever they fall on the income spectrum. <a href="https://files.consumerfinance.gov/f/documents/bcfp_data-point_credit-card-revolvers.pdf">More than half</a> of credit card customers are “revolvers,” meaning they dont pay off their full balances each month.
</p>
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<div id="g8moWt">
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="WHIFin">
“Financial literacy matters a lot,” said Andrea Presbitero, senior economist in the research department of the International Monetary Fund and one of the authors of a <a href="https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4126641">2022 paper</a> looking at rewards and redistribution in the credit market. “Unsophisticated people, naive people, make a lot of financial mistakes.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="go8Hb6">
The kicker: To banks, it really doesnt matter whether a rewards customer is particularly good at managing their personal finances or not. They make money either way. Lets break down what Presbitero and his colleagues found.
</p>
<h3 id="un0cLH">
If you cant pay off your balance, you might be paying for the rewards of someone who can
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KNv7au">
Rewards cards are a booming business for issuers and popular among consumers across the credit spectrum. According to the <a href="https://files.consumerfinance.gov/f/documents/cfpb_consumer-credit-card-market-report_2021.pdf">Consumer Financial Protection Bureaus 2021 consumer credit card market report</a>, even people with “deep subprime scores” — meaning very low credit ratings — put over 60 percent of their credit card purchase volumes on rewards cards, and almost three-quarters of near-prime consumers did the same. The highest-credit consumers are the biggest rewards power spenders. (If you need a full explainer on the United States credit score system, <a href="https://www.vox.com/the-goods/22736387/how-credit-scores-work-equifax-experian-transunion">you can find one here</a>.)
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="N0ZVSJ">
How much bang people are getting for their buck, if any, really shifts across the credit spectrum, according to Presbitero and his colleagues research. They found that people with super-prime credit (those who have a FICO score of 780-850, the upper limit) on average earn $9.50 in rewards and pay $7.10 less in interest each month on rewards cards compared to run-of-the-mill classic cards. Subprime consumers, meaning people with credit scores below 660, earn just $1.80 in rewards and pay $6.40 more in interest. “We estimate an aggregate annual redistribution of $15 billion from less to more educated, poorer to richer, and high to low minority areas, widening existing disparities,” their report reads.
</p>
<div class="c-float-right">
<aside id="jDPptI">
<q>“Financial literacy matters a lot”</q>
</aside>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="CYvByD">
The researchers looked at two specific areas where what they call “naive” consumers make more mistakes with rewards cards: they overborrow, and they dont pay their credit card debt in an ideal way. They focused on rewards cards that offer points, miles, or cash back for dollars spent; the data did not contemplate perks such as airport lounge access.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="HT9v5i">
On the first front, they took a look at bank-initiated credit limit increases on rewards cards, meaning instances when the bank says something like, “Hey, heres an extra $1,000 on your credit limit, go nuts.” They found that such increases led to higher unpaid balances among consumers with low credit scores — they upped their spending because they could, but they werent able to up their ability to pay that debt back.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wz38G4">
“If youre an unsophisticated guy, you get this $1,000 more, you increase your consumption and your spending, but you are not able to increase your repayments because you are constrained,” Presbitero said. “You end up with unpaid balances, and on those balances, youre going to pay interest rates and charges. So, yes, maybe youll get like $2 in rewards, but then you have to pay $5 in interest.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="yfnaiH">
On the second front, the researchers examined people with multiple cards at the same bank and looked at how consumers addressed their different debts. They found that low-credit consumers “tend to follow a sub-optimal (and costly) balance-matching heuristic when repaying their credit cards,” meaning they didnt pay down their cards in the best ways. For example, they focused too much on cards with higher balances and not cards with higher interest rates, where the debt would ultimately be more costly.
</p>
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<aside id="4fTrFS">
<q>When people screw up with rewards cards, they pay a price</q>
</aside>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Qr7v36">
Presbitero said that the issue isnt necessarily that certain consumers dont know how to best approach paying down debts and handling their rewards cards, it may just be that it doesnt really matter to them, or theyre not paying attention. “They may be so rich that they dont care,” he said. “It could be that you are unsophisticated and you dont know, or it could simply be because of what economists call rational inattention; its rational for you not to pay attention.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YnWJIg">
Whatever the case, when people screw up with rewards cards, they pay a price — and that price ultimately helps pay for the rewards of people who dont.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="g4WVcr">
On an aggregate level, this has a geographic impact. Presbitero and his colleagues note that, on net, average rewards are higher in zip codes with higher education levels, higher average income, and a lower share of Black residents.
</p>
<h3 id="hjjmn7">
The bank wins regardless
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="F4kIUf">
Thinking about where credit card rewards come from can be uncomfortable. Yes, they are nice when you get them, but theyre not inevitable or really necessary. Its a little awkward that consumers are offered a prize for the act of engaging in capitalism, and one where there are fairly significant trade-offs, on net, among consumers, merchants, and other stakeholders.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="m3wPCV">
The important thing to keep in mind here is that credit card companies and banks are in the business of making money, and they would not be handing out rewards cards if there were not something in it for them. In this case, there are billions of dollars on the line.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="M3m7FV">
Issuers make money on rewards cards holders regardless, across the credit spectrum. The researchers found that banks profit most from near-prime and prime consumers in the middle of the FICO score distribution. At the high end and the low end of the FICO range, the ways banks make money differ. For subprime consumers, over 60 percent of banks revenue on rewards cards comes from interest income. For super-prime consumers, more than 80 percent is from interchange income, meaning the swipe fees merchants pay when people spend. In the middle, banks can make money on both interest charges <em>and</em> swipe fees.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tV6qjG">
“The bank is clearly the winning player here,” Presbitero said. “Regardless of my behavior, if Im a revolver or not, if I spend less or a lot, the bank always makes money.”
</p></li>
<li><strong>The clock is ticking on a TikTok ban</strong> -
<figure>
<img alt="TikTok CEO Shou Zi Chew sits on a tall stool in a high-rise office backed by windows, surrounded by lights and cameras. " src="https://cdn.vox-cdn.com/thumbor/iFao1oWEWUx6kkhLhpI6H_7GQp0=/14x0:5350x4002/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71873784/GettyImages_1238874351.0.jpg"/>
<figcaption>
TikTok CEO Shou Zi Chew. | Christopher Goodney/Bloomberg via Getty Images
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</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
Millions spent on lobbyists, a billion spent on safeguards. Will it be enough to stay in the United States?
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4y1kUJ">
The act of scrolling through your For You feed on TikTok might come with an additional sense of impending doom these days. After years of hand-wringing over the enormously popular apps ties to China and the potential national security threat they present, it looks like someone is going to do something about it.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="pgTRIS">
TikTok is grappling with an increasingly real prospect of being banned in the United States. This wouldnt just be a mostly performative prohibition of installing the app on <a href="https://www.vox.com/recode/2022/12/20/23518973/tiktok-for-you-algorithm-omnibus-bill-ban">federal</a> or <a href="https://www.reuters.com/technology/new-jersey-ohio-join-other-states-banning-tiktok-state-devices-2023-01-09/">state</a> government-owned devices. It could also be more impactful than the legally questionable ban that former President Donald Trump <a href="https://www.vox.com/recode/2020/7/31/21350072/trump-tiktok-executive-order-ban-microsoft-sale-bytedance-china-security-concerns">tried and failed to enact</a> in 2020. The ban TikTok is now facing would forbid its China-based parent company, ByteDance, from doing business in the United States, which would block Apple and Google from hosting the TikTok app in their app stores. It wouldnt make it illegal for you, the consumer, to use TikTok. It would just make it much harder to do so.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="80Bski">
Banning an app is more the provenance of countries like, well, China, which has banned a number of American apps and websites, including Facebook, Instagram, YouTube, and Twitter. Its also not certain that the US government actually would take such a huge step. But youve surely heard that it could happen, and youre probably wondering if and how it would — or even why its necessary.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qiYbLB">
Seemingly every Big Tech company is facing unprecedented levels of scrutiny these days, but TikTok faces opposition that its peers dont. At a time when US-Chinese relations <a href="https://www.vox.com/world/2022/9/19/23320328/china-us-relations-policy-biden-trump">arent</a> <a href="https://www.vox.com/policy-and-politics/2022/11/13/23453964/biden-xi-meeting-indonesia-china-us-tensions">great</a>, TikToks popularity is a threat to Americas technological superiority, especially when it comes to the internet. But US lawmakers are much more likely to point to the perceived threat to national security, believing that the Chinese government is using the app to spy on Americans and push harmful content onto them through the apps <a href="https://www.vox.com/recode/2022/10/26/23423257/tiktok-for-you-page-algorithm">powerful yet mysterious</a> For You recommendation algorithm.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="7adwqX">
To deal with these conflicts, ByteDance <a href="https://www.washingtonpost.com/technology/2019/11/01/us-government-investigating-tiktok-over-national-security-concerns/">has spent over three years negotiating</a> with the Committee on Foreign Investment in the United States, or CFIUS, an inter-agency group that reviews transactions involving foreign parties for national security threats. ByteDance hopes to reach an agreement that would allow TikTok to continue to do business here while minimizing the chances of interference from the Chinese government. While ByteDance says there is a draft agreement with CFIUS, it still hasnt been finalized. It didnt help matters when, in the last days of 2022, ByteDance had to admit that some of its employees <a href="https://www.nytimes.com/2022/12/22/technology/byte-dance-tik-tok-internal-investigation.html">improperly accessed</a> US citizens TikTok data as part of an investigation into leaks to journalists.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Sl8i72">
ByteDance is spending a lot of money trying to convince detractors that it doesnt take marching orders from China and that it wouldnt give the Chinese government US user data or influence US users. The company has spent millions building up and expanding its Washington, DC, presence, and more than $1 billion on “<a href="https://www.buzzfeednews.com/article/emilybakerwhite/tiktok-project-texas-bytedance-user-data">Project Texas</a>,” an effort to rebuild the app on US servers in order to wall it off from ByteDance and China as much as possible, while also promising several layers of independent oversight and transparency.
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“We are confident that the proposal under consideration by CFIUS will fully satisfy US national security concerns,” TikTok spokesperson Brooke Oberwetter told Recode.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="hLstB0">
It looks like 2023 will finally be the year when we find out if ByteDance can convince an increasingly hostile audience that TikTok isnt a national security threat — or what happens to TikTok if it cant.
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<h3 id="Kl4Blv">
TikToks spending big on lobbyists and Project Texas
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="sChkc7">
The only thing that may have grown faster than TikToks popularity in the US is the companys DC presence. ByteDance spent <a href="https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2019&amp;id=D000073174">just $270,000</a> on federal lobbyists in 2019, a year when TikTok agreed to a settlement with the FTC over childrens privacy law violations for a <a href="https://www.ftc.gov/news-events/news/press-releases/2019/02/video-social-networking-app-musically-agrees-settle-ftc-allegations-it-violated-childrens-privacy">then-record</a> fine of $5.7 million and when lawmakers started to <a href="https://www.washingtonpost.com/technology/2019/10/09/sen-rubio-us-government-should-probe-tiktok-over-chinese-censorship-concerns/">raise</a> <a href="https://www.washingtonpost.com/technology/2019/10/24/tiktok-raises-national-security-concerns-congress-schumer-cotton-ask-federal-review/">concerns</a> over its ties to China. In August of that year, Trump issued his executive order proclaiming TikTok to be a national security threat and, using the International Emergency Economic Powers Act, ordering it to be sold to an American company or banned within 45 days. This obviously didnt happen: President Joe Biden eventually rescinded the order, which was <a href="https://www.npr.org/2020/12/07/944039053/u-s-judge-halts-trumps-tiktok-ban-the-2nd-court-to-fully-block-the-action">controversial to say the least</a>, leaving it to CFIUS to make a deal with ByteDance.
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<aside id="UCZEs4">
<q>“This is kind of the template for how modern tech lobbying goes”</q>
</aside>
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TikTok <a href="https://www.washingtonexaminer.com/policy/technology/tiktok-lobbyists-gop-and-democrat-senators-congressmen-staffers">has doubled down</a> on its lobbying efforts in the meantime. The company spent $2.61 million on federal lobbyists in 2020, hiring people with connections to Republican and Democratic lawmakers alike (<a href="https://www.foreignlobby.com/2021/01/17/tiktok-picks-up-former-us-sens-lott-and-breaux-for-post-trump-era/">some</a> were former lawmakers themselves). That spending nearly doubled to $5.18 million in 2021, and it reached $4.28 million in the first three quarters of 2022. In late 2021, TikTok <a href="https://www.bisnow.com/washington-dc/news/office/tiktok-in-talks-to-lease-space-for-first-dc-office-near-union-market-111010">signed a lease</a> for its first DC office. In April 2022, it <a href="https://www.costar.com/article/319968391/tiktok-signs-expansion-at-signal-house-in-dcs-union-market">grabbed</a> an additional floor. That October, it <a href="https://www.politico.com/newsletters/politico-influence/2022/11/01/signal-group-lobbyists-leave-to-start-a-new-firm-00064499">hired</a> Jamal Brown, who was the press secretary for Bidens presidential campaign and then the deputy press secretary for the Pentagon, as a policy communications director.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="bDLyrc">
“This is kind of the template for how modern tech lobbying goes,” said Dan Auble, senior researcher at Open Secrets, which tracks lobbyist spending. “These companies come on the scene and suddenly start spending substantial amounts of money. And ByteDance has certainly done that.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KGgOjb">
While ByteDance has spent a lot on federal lobbying, some of its peers — Meta and Amazon, for instance — still spend a lot more. Meta, for instance, spent over $20 million on lobbying <a href="https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2021&amp;id=D000033563&amp;name=Meta">in 2021</a>, and Amazon spent <a href="https://www.opensecrets.org/federal-lobbying/clients/summary?cycle=2021&amp;id=D000023883&amp;name=Amazon.com">over $19 million</a>. Far more of ByteDances money has gone into Project Texas. In its effort to convince regulators that its app is walled off from China and ByteDance, TikTok partnered with Texas-based company Oracle, which is <a href="https://newsroom.tiktok.com/en-us/delivering-on-our-us-data-governance">hosting US user data on and running traffic</a> through its cloud infrastructure as well as reviewing the source code for TikToks recommendation algorithm and content moderation tools. Access to data and other parts of TikTok will be strictly limited to only essential personnel, and both Oracle and the US government will have some oversight.
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TikToks Oberwetter said this solution is “under consideration” by CFIUS and that the company believes its a “comprehensive package of measures with layers of government and independent oversight to address concerns about TikTok content recommendation and access to US user data, and to ensure that the TikTok software is operating as intended and is free of backdoors that could be used to manipulate the platform.”
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="2lSjZH">
On paper, these measures seem like theyd do enough to satisfy CFIUS, which was <a href="https://www.nytimes.com/2022/09/26/technology/tiktok-national-security-china.html">reportedly</a> very close to finalizing the agreement several months ago. Samm Sacks, a senior fellow at Yale Law Schools Paul Tsai China Center, said the deal seemed to be structured around not trusting China or even ByteDance at all, and building a “set of robust protections” around that.
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rBOsck">
“For all of the complaints about the [national security] threat, there is a solution that would address it, and you dont have to take TikToks word for it,” Sacks said. “[Project Texas] turns the keys over to somebody else.”
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<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GxUYdm">
Its not clear when or even if CFIUS will officially sign off on the plan. In lieu of an agreement, TikTok has <a href="https://www.reuters.com/technology/tiktok-freezes-hiring-us-security-deal-opposition-mounts-2023-01-06/">delayed its plan to hire consultants</a> who are supposed to monitor its operations and report back to the US government. Thats not a great sign that a deal is imminent, even as TikTok insists that it would satisfy all of CFIUSs concerns.
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<h3 id="RNqSrE">
TikToks detractors arent buying it
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="VxD1G8">
Whats holding up the federal government? Politics, mostly. For some lawmakers and security officials, there may be nothing ByteDance and TikTok can do to convince them that the app isnt an arm of the Chinese Communist Party. The lack of trust is understandable. For years, TikTok has <a href="https://www.forbes.com/sites/emilybaker-white/2022/08/10/bytedance-tiktok-china-state-media-propaganda/?sh=240799e7322f">been</a> <a href="https://www.washingtonpost.com/technology/2019/11/05/inside-tiktok-culture-clash-where-us-views-about-censorship-often-were-overridden-by-chinese-bosses/">dogged</a> <a href="https://www.nytimes.com/2022/09/16/technology/tiktok-ceo-shou-zi-chew.html">by</a> <a href="https://www.cnbc.com/2021/06/25/tiktok-insiders-say-chinese-parent-bytedance-in-control.html">reports</a> <a href="https://www.buzzfeednews.com/article/emilybakerwhite/tiktok-tapes-us-user-data-china-bytedance-access">that</a> it isnt as independent of ByteDance or China as it wants the public to believe. Then, the late December revelation that ByteDance employees <a href="https://www.forbes.com/sites/emilybaker-white/2022/12/22/tiktok-tracks-forbes-journalists-bytedance/?sh=76a452a77da5">accessed TikTok user data</a> to track US-based journalists couldnt have come at a worse time. It was just the sort of incident lawmakers and agency officials suspicious of ByteDance and TikTok needed to make their case that the app couldnt be trusted under any circumstance.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="I6S8Qx">
TikTok says the matter was an “egregious misuse” of user data by a few employees who violated company policy and are no longer employed there. It claims that the security controls Project Texas is implementing would have prevented this from happening in the first place, since ByteDance employees would not have been able to access that data.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="B5msDX">
Its worth pointing out that ByteDance isnt the first tech company to spy on journalists. As Forbes <a href="https://www.forbes.com/sites/emilybaker-white/2022/12/22/tiktok-tracks-forbes-journalists-bytedance/?sh=c1275d97da57">noted</a> in its piece revealing what ByteDance had done, Uber and Facebook have been accused of similar actions over the years, and Microsoft <a href="https://www.zdnet.com/article/how-microsoft-tracked-down-a-spy-who-leaked-its-secrets/">searched</a> a French bloggers Hotmail account in 2012 to find out which Microsoft employee was sending him trade secrets. None of those services faced a potential nationwide ban over it, but none of them were owned by a Chinese company, either.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rAJ6iH">
That leaves us with a few ways this could all play out. The most likely is that the CFIUS deal finally goes through. Biden could always pull a Trump and suddenly put out an executive order banning the app, but thats not likely. It didnt work when Trump tried it, and Biden isnt as outwardly hostile to TikTok as his predecessor was. Hes invited TikTok creators to the White House <a href="https://www.washingtonpost.com/technology/2022/03/11/tik-tok-ukraine-white-house/">several</a> <a href="https://www.washingtonpost.com/technology/2022/10/27/tiktok-democrats-influencers-biden/">times</a>, and a nonprofit associated with the Biden administration even has an official TikTok account, which was posting videos touting Bidens accomplishments as recently as last November.
</p>
<figure class="e-image">
<img alt="Sen. Marco Rubio (R-FL) shakes hands with former President Donald Trump at a recent rally." src="https://cdn.vox-cdn.com/thumbor/JeJromfP_K07jbJpMLHTt9EA3_Y=/800x0/filters:no_upscale()/cdn.vox-cdn.com/uploads/chorus_asset/file/24357957/GettyImages_1439614544.jpg"/> <cite>Joe Raedle/Getty Images</cite>
<figcaption>
Sen. Marco Rubio (R-FL) shakes hands with former President Donald Trump at a recent rally. Both men have tried to ban TikTok; neither has succeeded (yet).
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YFRjve">
Not everyones counting on CFIUS. Sen. Mark Warner (D-VA), chair of the Senate Intelligence Committee, has <a href="https://www.vox.com/recode/23453786/tiktok-bytedance-cfius-data-trump-ban">expressed plenty of reservations</a> about TikTok, and says hes losing patience with CFIUS. If a deal cant be reached, “Congress could soon be forced to step in,” he told Recode. Rather than a ban on just one app or company, however, Warner would like to see legislation that sets standards or rules for any app that falls under a set of criteria, including being owned by a company based in a country of concern. That would include TikTok, but it wouldnt be limited to it, Warners office said.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NrpKc3">
For some lawmakers, nothing short of a TikTok ban or forcing ByteDance to sell TikTok to an American company will do. Sen. Marco Rubio (R-FL) has been consistent about that for years, and now hes joined by Rep. <a href="https://www.forbes.com/sites/emilybaker-white/2022/12/15/raja-krishnamoorthi-democrat-tiktok-ban-china/?sh=fde15aa25c2f">Raja Krishnamoorthi</a> (D-IL) and Rep. Mike Gallagher (R-WI), chair of the Houses new <a href="https://www.politico.com/news/2023/01/10/house-china-select-committee-00077312">select committee on China</a>. Gallaghers office told Recode that he would support a sale to an American company as long as it included control over TikToks algorithm. Gallagher hopes to work across the aisle and with the Biden administration on this, and will be trying to set up a meeting with TikTok “in the coming weeks.” But the Congress member is not budging on his insistence that TikTok cant operate here while its owned by a Chinese company.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Il0rwP">
“ByteDance must completely divest and there must be an end to Chinese ownership and control of the app,” Gallaghers office said.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="AL08pD">
TikToks Oberwetter pointed out that banning one app wont solve broader issues, such as data privacy, security, and harmful content. Legislation that regulates an industry rather than one company within it could kill two birds with one stone. Many bills have been introduced over the years that could do this. None of them have passed.
</p>
<h3 id="GhgxtC">
What a TikTok ban actually means
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="X0Vtxg">
There are already “TikTok bans” in the US, but theyre very limited and chances are they dont apply to you unless youre a government worker or a massive fan of South Dakotas <a href="https://brookingsregister.com/article/south-dakota-tourism-agency-kills-its-tiktok-account">tourism TikTok account</a>, which was deleted as part of that states ban. The ban in the <a href="https://www.vox.com/recode/2022/12/20/23518973/tiktok-for-you-algorithm-omnibus-bill-ban">omnibus bill</a> that passed at the end of 2022 and the bans that about half of all states have enacted so far only apply to government-issued devices.
</p>
<div class="c-float-left">
<aside id="jzAIDa">
<q>TikToks user base might skew young, but a lot of them are old enough to vote</q>
</aside>
</div>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="4KEVnE">
If it came down to truly banning the app for the rest of the country, the most likely path would be to classify TikTok as a national security threat. The government has done this to other Chinese companies, like telecommunications equipment manufacturer <a href="https://www.vox.com/technology/2018/12/11/18134440/huawei-executive-order-entity-list-china-trump">Huawei</a>. But banning the sales and use of hardware is more straightforward than an app, which is distributed over a global internet thats notoriously impossible to regulate or control. And theres no guarantee it would survive a court challenge.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="i2IOJh">
“Courts do not view this type of legislation kindly, or did not when Trump proposed a similar ban. But that was three years ago and antagonism toward China has only increased in the intervening years,” said Sarah Kreps, director of Cornell Universitys Tech Policy Institute.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="uK2FUv">
And again, even if the federal government did ban Apple and Google from hosting TikTok in their app stores, there would probably still be ways to access the platform on the web or in alternate app stores (on Android devices, at least). It would be a lot harder, though, and that could discourage most users from trying.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="E1F1In">
TikTok has a few things going for it, too. With more than 100 million users in the US, there would surely be outrage if the government banned the app they love and spend hours on every day. TikToks user base might skew young, but a lot of them are old enough to vote. And theyre all able to write angry letters to or protest outside the offices of lawmakers who ban the fun video-sharing app they love. Not to mention the businesses that are <a href="https://www.nytimes.com/2022/11/14/technology/tiktok-ads-social-media.html">increasingly relying</a> on TikTok for their digital ad campaigns and might not be thrilled to see it taken away. Lawmakers and <a href="https://apnews.com/article/technology-china-united-states-national-security-government-and-politics-ac5c29cafaa1fc6bee990ed7e1fe5afc">FBI directors</a> might not have much use for TikTok, but millions of others do.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Asu810">
For all the money TikToks spending to make its case to DC, its most effective advocates might be the people it doesnt pay at all.
</p></li>
<li><strong>Ron DeSantiss war on “wokeness” is a war against the First Amendment</strong> -
<figure>
<img alt="Florida Governor Ron DeSantis Campaigns For Re-Election" src="https://cdn.vox-cdn.com/thumbor/noh-HIogBD6Q5zcgxo077FbLCfg=/124x0:2085x1471/1310x983/cdn.vox-cdn.com/uploads/chorus_image/image/71873702/1244567373.0.jpg"/>
<figcaption>
Republican incumbent Florida Gov. Ron DeSantis tosses hats before giving a campaign speech at the SCC Community Hall on November 6, 2022, in Sun City Center, Florida.  | Octavio Jones/Getty Images
</figcaption>
</figure>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
The Florida governor (and likely presidential candidate) appears to believe that government exists to advance his ideas — and to suppress dissent.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tqThxt">
Florida Gov. Ron DeSantis isnt exactly hiding what hes up to.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="d3nSdD">
Earlier this month, the Republican appointed Chris Rufo, the architect of the 2021 <a href="https://www.vox.com/policy-and-politics/2021/11/19/22787269/conservatives-america-chris-rufo-patrick-deneen">moral panic over “critical race theory,”</a> to the board of a public liberal arts school in Florida. As Rufo told New York Times columnist Michelle Goldberg, his goal — and the goal of several other DeSantis appointees to the New College of Floridas board — is to <a href="https://www.nytimes.com/2023/01/09/opinion/chris-rufo-florida-ron-desantis.html">transform New College, a liberal bastion in the South, into something more like Hillsdale College</a>, a conservative school in Michigan with close ties to former President Donald Trump.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="JCavrb">
The one positive thing that can be said about this appointment is that it is, at least, legal — something that cannot be said about many of the governors attempts to sic the government on institutions he deems too liberal. DeSantis isnt just determined to use his public office to suppress dissenting voices and promote his own reactionary views; hes also quite willing to thumb his nose at the Constitution in order to do so.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="B3YzCT">
Indeed, DeSantis often seems to revel in his contempt for the First Amendment, even fundraising off of it. Shortly before DeSantis signed <a href="https://www.vox.com/23036427/ron-desantis-disney-first-amendment-constitution-supreme-court">unconstitutional legislation</a> punishing the Walt Disney Company for criticizing one of his policies, the governor sent a fundraising email to supporters touting the fact that he was doing so. The company, DeSantis said, was being punished after it “<a href="https://www.nytimes.com/2022/04/21/business/disney-florida-special-tax-status.html?smid=tw-nytimes&amp;smtyp=cur">tried to attack me to advance their woke agenda</a>.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="MZc2M6">
DeSantis signed legislation <a href="https://s3.documentcloud.org/documents/23310524/doc-044-order-granting-mot-for-prelim-inj.pdf">imposing speech codes on university professors</a>, as well as legislation attempting to <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202112355.pdf">seize control of content moderation</a> at sites such as YouTube, Twitter, and Facebook. He attacks classroom teachers with <a href="https://www.vox.com/2022/3/15/22976868/dont-say-gay-florida-unconstitutional-ron-desantis-supreme-court-first-amendment-schools-parents">vague, unconstitutional laws stigmatizing LGBTQ people</a>. His administration <a href="https://wsvn.com/news/local/miami-dade/gov-ron-desantis-to-investigate-christmas-drag-shows-held-in-fort-lauderdale-and-miami/">threatens drag performers with criminal charges</a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="P81VT6">
In his victory speech shortly after winning reelection in his increasingly conservative state, DeSantis pledged to <a href="https://www.rev.com/blog/transcripts/ron-desantis-gives-victory-speech-after-re-election-as-florida-governor-transcript">“fight the woke in the legislature,” “fight the woke in the schools,” and to “fight the woke in the corporations.” </a>
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NADRV1">
One of his lawyers later clarified that the word “woke” means “<a href="https://www.washingtonpost.com/politics/2022/12/05/desantis-florida-woke-critical-race-theory/">the belief there are systemic injustices in American society and the need to address them</a>.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rO1eBv">
As a constitutional matter, a governor is allowed to give speeches arguing that the United States is somehow miraculously immune from systemic injustice. He may sign legislation repealing programs intended to cure these injustices. He may appoint officials to public school boards that share his belief that the US is immune to these injustices. And he may even enact policies that help perpetuate these injustices, assuming that those policies violate neither the state nor federal constitution.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="IFIjdv">
But DeSantis goes much further. He wields the governments sovereign powers to sanction speech he does not like, and to punish institutions that criticize him. DeSantis, in other words, does not seem content to simply enact policies that hew to a right-wing economic or social vision. He wishes to use the sovereign powers of government to shape public discourse itself — punishing some ideas, rewarding others, and conscripting public schools and universities into his culture war.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="YUEPnh">
To be fair, DeSantis is hardly unique among Republican state governors in this regard — Texas Gov. Greg Abbott (R), for example, signed legislation targeting social media companies that is <a href="https://www.vox.com/2022/5/31/23149183/supreme-court-texas-social-media-ruling-netchoice-paxton">even more aggressive than Floridas</a>. But DeSantis is also widely viewed as a leading contender for the GOP presidential nomination in 2024, so he is uniquely positioned to take his speech war national if elected president.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="bWVE9u">
Much, though admittedly not all, of DeSantiss agenda clearly violates the First Amendment. The government <a href="https://www.vox.com/23036427/ron-desantis-disney-first-amendment-constitution-supreme-court">may not punish its critics for their speech</a>. It may not, as a federal appeals court explained in a decision blocking a Florida social media law, <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202112355.pdf">seize control of content moderation</a> at Twitter, Facebook, or YouTube. And, while Florida does have some control over what state-employed teachers and professors say in their classrooms, the government cannot <a href="https://www.vox.com/2022/3/15/22976868/dont-say-gay-florida-unconstitutional-ron-desantis-supreme-court-first-amendment-schools-parents">terrorize those instructors with vague laws</a> that do not communicate what sort of classroom instruction is permitted and what is forbidden.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wubicb">
But even if the courts enforce the First Amendment with vigor — a prospect that will grow increasingly uncertain if DeSantis starts appointing federal judges or justices — at least some of DeSantiss action are lawful, even if they are ill-advised. Nothing in the Constitution, for example, prevents DeSantis from doling out government jobs to bad-faith actors like Rufo.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="B7tz2V">
The Constitution, in other words, provides some safeguards against elected officials who wish to target dissent, but it is not a perfect shield. And it is a worthless shield if the judiciary is controlled by partisans and ideologues who will not enforce the First Amendment against men like DeSantis.
</p>
<h3 id="AvielP">
DeSantis v. the First Amendment
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="cluirD">
Broadly speaking, DeSantiss efforts to limit free speech and shape public discourse fit into three boxes. The first, which includes things like Floridas laws attacking Disney and attempting to gain control over social media sites, seek to control what major companies can say and what speech they must broadcast. These laws are clearly unconstitutional.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="cYA5zd">
The second box includes laws, like Floridas <a href="https://www.vox.com/2022/3/15/22976868/dont-say-gay-florida-unconstitutional-ron-desantis-supreme-court-first-amendment-schools-parents">“Dont Say Gay” law</a> and the so-called <a href="https://s3.documentcloud.org/documents/23310524/doc-044-order-granting-mot-for-prelim-inj.pdf">Stop WOKE Act</a>, which impose speech restrictions on public school teachers and professors. The constitutional status of these sorts of laws is more nuanced. While the Supreme Court has repeatedly said that the First Amendment provides some protections for academic freedom, it hasnt fully fleshed out those statements. As a general rule, moreover, states do have the power to write their own school curriculums and to require instructors to follow those curriculums.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="V9wRMg">
That said, the Supreme Court has said that laws governing classroom instruction may not be so vague that people “of common intelligence <a href="https://www.law.cornell.edu/supremecourt/text/385/589">must necessarily guess at its meaning and differ as to its application</a>.” Neither the Dont Say Gay law nor the Stop WOKE Act complies with this rule.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="iLagvY">
Then theres a third box, which consists of actions that use governmental institutions to promote a conservative viewpoint, but without suppressing speech. Florida acted within its lawful authority, for example, when it appointed former Sen. Ben Sasse, a conservative Republican, to <a href="https://www.cnn.com/2023/01/08/politics/ben-sasse-steps-down/index.html">lead the University of Florida</a>. And Sasse will have broad authority to use his new office to promote Republican ideas on campus.
</p>
<h4 id="8wuHND">
DeSantis cannot tell private companies what they are allowed to say and what they are allowed to publish
</h4>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NiqIYY">
Lets start with what should be the most basic point imaginable under the First Amendment: The government may not use its sovereign powers to punish people who criticize elected officials or their policies. As the Supreme Court said in <a href="https://caselaw.findlaw.com/us-supreme-court/547/250.html"><em>Hartman v. Moore</em></a> (2006), “official reprisal for protected speech offends the Constitution [because] it threatens to inhibit exercise of the protected right.’”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="XCmnkg">
To be sure, DeSantiss most high-profile attempt to punish a perceived enemy involves a company that is quite powerful in its own right. Its not like the Walt Disney Company lacks the resources to defend itself against unconstitutional legislation passed by a state government.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="G16nQG">
But the fact that DeSantis targeted one of the largest and most popular producers of First Amendment-protected art in the world is also a warning about how far his agenda could reach if it is successful. A single individual who is sanctioned by the government is likely to silence their own speech, but a major media company that is targeted for reprisals could change the message that it broadcasts to millions of voters.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tcvvhP">
And these sorts of reprisals are unlawful <a href="https://www.vox.com/23036427/ron-desantis-disney-first-amendment-constitution-supreme-court">no matter what form they take</a>. If the government, for example, offers a special tax break to a major employer, it cannot strip away that tax break to punish the employer for its First Amendment-protected speech — even though there is obviously no constitutional right to pay less taxes than other companies.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="EdKxIu">
Which brings us to the specific circumstances of DeSantiss attack on Disney. After Disney denounced the Dont Say Gay law, which allows parents to sue their local school district if topics such as sexual orientation or gender identity are mentioned in the classroom, Florida retaliated by passing a law that will <a href="https://www.vox.com/23036427/ron-desantis-disney-first-amendment-constitution-supreme-court">dissolve the “Reedy Creek Improvement District,”</a> a 40-square-mile area that includes Walt Disney World, where Disney has an unusual amount of control over local land use and taxation. (The legislature is likely to <a href="https://www.orlandoweekly.com/news/florida-gov-ron-desantis-moves-to-install-state-control-over-disneys-land-33298813">modify this law</a> before it takes effect in June.)
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="OpdfON">
Theres compelling evidence that Florida did this to punish Disney for speaking out against DeSantiss policies. Shortly before signing the law, DeSantis bragged that “Disney and other woke corporations wont get away with peddling their <a href="https://www.kcra.com/article/disney-world-self-government-explained/39786585">unchecked pressure campaigns any longer</a>,” and he suggested that Disney is a “corporate lapdog” for “the Democrat machine.” DeSantiss lieutenant governor even said that the goal is to pressure Disney into changing the content of its First Amendment-protected speech.
</p>
<div id="e4OtEL">
<blockquote class="twitter-tweet">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" dir="ltr" lang="en">
Newsmax host Eric Bolling: “Is there an opportunity for Disney to change their mind and say we will disregard this whole woke agenda…and would the governor then say, fine, you can keep your status but were gonna keep an eye on you now?” <br/><br/>Florida Lt. Gov: “Sure!” <a href="https://t.co/5E8UKGDVjF">pic.twitter.com/5E8UKGDVjF</a>
</p>
— Justin Baragona (<span class="citation" data-cites="justinbaragona">@justinbaragona</span>) <a href="https://twitter.com/justinbaragona/status/1517245466433527809?ref_src=twsrc%5Etfw">April 21, 2022</a>
</blockquote></div></li>
</ul>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GfDFgM">
Thus, this attack on Disney was unconstitutional. Florida isnt required to maintain anything like the Reedy Creek Improvement District. But it cannot strip Disney of a legal benefit it already enjoys in order to punish Disney for expressing a political opinion.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="L1LJxy">
Similarly, a Florida law targeting social media companies is also unconstitutional because it violates a rule prohibiting the government from <a href="https://www.vox.com/2022/5/31/23149183/supreme-court-texas-social-media-ruling-netchoice-paxton">forcing private companies to publish content they do not want to publish</a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="wOFdiV">
This law, enacted in 2021, seeks to <a href="https://media.ca11.uscourts.gov/opinions/pub/files/202112355.pdf">micromanage which users social media sites must publish</a>, and how their content must appear on the site. Among other things, it forbids the major social media sites from “deplatforming” candidates for public office, requires them to give certain special treatment to content about these candidates, and requires them to publish content by certain journalists.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="R42e88">
None of this is allowed, and there is a long list of Supreme Court decisions establishing that the First Amendment protects the right of a publisher to decide what to publish. As the Court held most recently in <a href="https://www.law.cornell.edu/supremecourt/text/17-1702#writing-17-1702_OPINION_3"><em>Manhattan Community Access Corp. v. Halleck</em></a> (2019), “when a private entity provides a forum for speech,” it may “exercise editorial discretion over the speech and speakers in the forum.”
</p>
<h4 id="UoCVSG">
The law governing the First Amendment rights of teachers and professors is a bit unclear, but DeSantis still managed to violate it
</h4>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="EpVqDq">
The normal rule governing most government employees is that their employer may tell them what they are allowed to say while they are on the job. As the Court said in <a href="https://www.law.cornell.edu/supct/html/04-473.ZO.html"><em>Garcetti v. Ceballos</em></a> (2006), “when public employees make statements pursuant to their official duties, the employees are not speaking as citizens for First Amendment purposes, and the Constitution does not insulate their communications from employer discipline.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="o2UCO9">
But <em>Garcetti </em>also suggested that “speech related to scholarship or teaching” may enjoy more First Amendment protection than other speech by government employees.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xyBUcU">
Floridas lawyers, for their part, claim that the First Amendment <a href="https://s3.documentcloud.org/documents/23310524/doc-044-order-granting-mot-for-prelim-inj.pdf">offers no protection to professors at state universities</a>, at least during classroom instruction time. As a federal judge summarized their argument, “they argue that because university professors are public employees, they are simply the States mouthpieces in university classrooms,” and thus the state has “unfettered authority to limit what professors may say in class, even at the university level.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="SLGKzi">
But this argument cannot be squared with precedent. There is a long line of cases warning that, as the Court said in <a href="https://www.law.cornell.edu/supremecourt/text/385/589"><em>Keyishian v. Board of Regents</em></a> (1967), imposing “any strait jacket upon the intellectual leaders in our colleges and universities would imperil the future of our Nation.” <em>Keyishian</em> recognized that society as a whole benefits from the “new discoveries” achieved by professional scholars, and that such scholarship “cannot flourish in an atmosphere of suspicion and distrust.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="jKHwiJ">
Indeed, the Court spoke in nearly apocalyptic terms about the consequences of permitting government officials to suppress academic speech — “Teachers and students must always remain free to inquire, to study and to evaluate, to gain new maturity and understanding; otherwise our civilization will stagnate and die.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="qgNrKo">
Yet, while the Court has often spoken quite eloquently about the need for enhanced First Amendment protections for teachers and professors, the full scope of the academic freedom protected by the First Amendment is underdeveloped. The Court has never drawn a definitive line explaining just how much control state governments may exercise over classroom speech at public schools and universities.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="rqUqRL">
It has, however, imposed one clear limit. <em>Keyishian </em>established that classroom speech regulations may not be so vague that someone “of common intelligence must necessarily guess at its meaning and differ as to its application.” Both the <a href="https://www.vox.com/2022/3/15/22976868/dont-say-gay-florida-unconstitutional-ron-desantis-supreme-court-first-amendment-schools-parents">Dont Say Gay law</a>, which targets classroom instruction relating to sexual orientation or gender identity, and the so-called Stop WOKE Act, which imposes a <a href="https://s3.documentcloud.org/documents/23310524/doc-044-order-granting-mot-for-prelim-inj.pdf">wide-ranging speech code</a> on professors governing instruction related to race, gender, and nationality, run afoul of this ban on vague classroom regulations.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xrR9R7">
The Dont Say Gay law, for example, prohibits “<a href="https://www.vox.com/2022/3/15/22976868/dont-say-gay-florida-unconstitutional-ron-desantis-supreme-court-first-amendment-schools-parents">classroom instruction . . . on sexual orientation or gender identity</a>” prior to the fourth grade. It then requires all instruction on these topics to be “age appropriate or developmentally appropriate for students in accordance with state standards.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="tyokSK">
But the law does not define many of these terms, including the term “classroom instruction.” If a female teacher who is married to a woman casually references their “wife” during a lesson to third graders, have they violated the law? What about telling sixth graders about<em> </em><a href="https://www.law.cornell.edu/supremecourt/text/14-556"><em>Obergefell v. Hodges</em></a><em> </em>(2015), the Supreme Court case legalizing same-sex marriage? No one knows. And classroom teachers are likely to self-censor before they risk saying anything that could get them fired.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="9YZelN">
The Stop WOKE law is even worse. It contains a list of eight concepts that professors may only discuss “in an objective manner” and “without endorsement of the concepts.”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="NhsDzM">
As a federal judge pointed out in a decision blocking this law, <a href="https://s3.documentcloud.org/documents/23310524/doc-044-order-granting-mot-for-prelim-inj.pdf">the word “objective” is itself notoriously slippery</a> and does not adequately convey to professors what they are and are not allowed to say. Meanwhile, some provisions of the law are so poorly drafted that they seem to impose truly absurd restrictions on classroom instruction.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="oLI6zv">
One provision, for example, prohibits professors from teaching that “members of one race, color, national origin, or sex are morally superior to members of another race, color, national origin, or sex.” It is likely that Florida lawmakers intended this provision to prohibit professors from saying that people of one race or gender <em>as a class</em> are morally superior to people of a different race or gender. But thats not what the law actually says.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="y8tnBx">
Rather, this language quite easily can be read to forbid professors from saying that <em>any individual</em> is morally superior to another individual of a different race or gender. A professor could not say, for example, that Black civil rights leader Martin Luther King Jr. was morally superior to white segregationist Bull Connor. Or that, say, white French President Emmanuel Macron is morally superior to Cambodian dictator Pol Pot. Or that Nobel Peace Prize winner Malala Yousafzai, a woman, is morally superior to serial killer Jeffrey Dahmer, a man.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="Nwsuki">
Yet, while these incompetently drafted laws could very easily be struck down even by our current, very conservative Supreme Court, it is far from clear what will happen if DeSantis signs a new law with more precise language. Federal courts generally agree that a state may regulate the “<a href="https://casetext.com/case/bishop-v-aronov">general subject matter of curriculum</a>” that is taught in public schools. A state may, for example, require an algebra teacher to actually teach algebra — and not art history or queer theory or 19th-century Russian literature — during classroom instruction time.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xje2xT">
But current case law is less clear about whether a teachers speech is protected if, say, a male algebra teacher tells a humorous story about something that happened to their husband on vacation in order to illustrate an important mathematical concept that is part of the official curriculum.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="GIppHA">
That means that a more competently drafted law targeting academic speech may very well be upheld, as could speech restrictions imposed by conservative officials appointed to lead Florida universities.
</p>
<h4 id="nQf64U">
DeSantis can appoint conservatives — and even reactionary cranks — to key roles
</h4>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="xun0qu">
Finally, it should be acknowledged that much of DeSantiss broader cultural agenda is likely to be implemented by lower-ranking government officials appointed by him or by other Republicans. And, as a general rule, DeSantis has broad leeway under the Constitution to appoint whoever he wants. The 14th Amendment forbids him from appointing anyone who “<a href="https://www.law.cornell.edu/constitution/amendmentxiv">engaged in insurrection or rebellion</a>” against the United States after previously serving in certain high offices, but it otherwise largely leaves appointments up to state governors.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="RFkQvQ">
Moreover, while the First Amendment and the states previous decisions to grant tenure to existing university faculty might limit the states ability to target some professors, there are few, if any, constitutional constraints on its ability to hire new professors who share DeSantiss ideology. Over time, appointments like Sasse and Rufo could try to fill Floridas economics departments with acolytes of Ayn Rand, or fill its law school faculties with GOP partisans who <a href="https://www.vox.com/2020/4/23/21228636/alito-racism-ramos-louisiana-unanimous-jury">take inspiration from Justice Samuel Alito</a>.
</p>
<h3 id="6g1EjP">
We cannot rely on the courts to enforce the First Amendment — especially if DeSantis gets to appoint federal judges
</h3>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ZLtRy9">
The greatest danger, if DeSantis continues to consolidate power, isnt that he will sign more amateurish laws that are ultimately struck down. Its that some of these laws may be upheld in precedent-setting decisions that could do considerable violence to the First Amendment.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="BeNi5O">
The idea that the Constitution provides robust safeguards against government censorship was only embraced by the Supreme Court in recent decades. During World War I, Congress enacted a sweeping censorship law that even <a href="https://www.amazon.com/Injustices-Comforting-Comfortable-Afflicting-Afflicted/dp/1568585691?asin=1568585691&amp;revisionId=&amp;format=4&amp;depth=1">made it a crime to display the German flag</a>. Eugene Debs, the great labor union leader and Socialist presidential candidate, was sentenced to 10 years in prison for giving an antiwar speech— and the Supreme Court <a href="https://supreme.justia.com/cases/federal/us/249/211/">unanimously upheld his conviction</a>!
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="QNwYnF">
It really wasnt until the 1960s, when the Supreme Court handed down landmark decisions <a href="https://supreme.justia.com/cases/federal/us/376/254/">protecting the freedom of the press</a> and the right to <a href="https://supreme.justia.com/cases/federal/us/395/444/">engage in provocative speech</a>, that modern-day free speech protections began to take hold. And these protections are increasingly insecure as the judiciary lurches to the right.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="ZuAFVs">
Last year, a total of three justices joined a <a href="https://www.supremecourt.gov/opinions/21pdf/21a720_6536.pdf">dissenting opinion by Justice Samuel Alito</a> that would have allowed the Republican-controlled government of Texas to <a href="https://www.vox.com/2022/5/31/23149183/supreme-court-texas-social-media-ruling-netchoice-paxton">seize control of social media moderation</a>. Two current justices, Clarence Thomas and Neil Gorsuch, have denounced <a href="https://www.law.cornell.edu/supremecourt/text/376/254"><em>New York Times v. Sullivan</em></a> (1964), the seminal press freedom case establishing that states cannot use bad-faith defamation suits to <a href="https://www.vox.com/22431044/neil-gorsuch-nihilism-supreme-court-voting-rights-lgbt-housing-obamacare-constitution">financially hamstring news outlets that criticize government officials</a>.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="RNxXCR">
The most troubling thing about DeSantiss war on free expression, in other words, isnt that hes signed several unconstitutional laws that seek to suppress viewpoints he does not like — or even that hes used his authority as governor to target institutions that dared to criticize him. Its that, if DeSantis someday becomes president, he could fill the courts with more judges like Thomas, Alito, and Gorsuch.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom" id="KgRGeh">
As my colleague Zack Beauchamp has written, much of DeSantiss agenda appears to <a href="https://www.vox.com/policy-and-politics/2022/4/28/23037788/ron-desantis-florida-viktor-orban-hungary-right-authoritarian">track similar policies by Hungarian dictator Viktor Orbán</a>. With the right judges in place, DeSantis could potentially transform American society and culture in ways that would be unrecognizable to everyone accustomed to how the First Amendment has been interpreted for the last 60 years.
</p>
<h1 data-aos="fade-right" id="from-the-hindu-sports">From The Hindu: Sports</h1>
<ul>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Zuri, Crown Witness, Art Gallery, Philosophy, Tranquilo and Sofiya excel</strong> -</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Iron Age, Smiles Of Fortune and Golden Lioness excel</strong> -</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Boult, Southee's absence leaves massive hole; Sodhi too out of first ODI: Latham</strong> - While Southee has gone back home after a successful tour of Pakistan, Boult is playing the ILT20 in the UAE, having opted out of a New Zealand central contract</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Australian Open 2023 | Marathon man Andy Murray shocks Berrettini in 1st Round</strong> - Britains Andy Murray won a five-set marathon over 13th seeded Italian Matteo Berrettini to advance to the 2nd Round of the 2023 Australian Open</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Ronaldo to make Saudi debut in friendly against Messis PSG</strong> - Cristiano Ronaldo will captain Riyadh ST XI for an exhibition match against Lionel Messis Paris St. Germain on January 19</p></li>
</ul>
<h1 data-aos="fade-right" id="from-the-hindu-national-news">From The Hindu: National News</h1>
<ul>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Congress leader manhandled in Panoor</strong> -</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Five promises in Cong. poll manifesto: D.K.Suresh</strong> -</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Hassan Milk Union, HDCC have become private properties of JD(S) leaders</strong> -</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Police nab secretariat staffer for faking death to claim insurance</strong> - Investigation is on to identify the victim in car burnt case</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Pilgrimage season at Sabarimala set to conclude</strong> - Entry to Malikappuram will not be permitted after Guruthi ritual on January 19 night</p></li>
</ul>
<h1 data-aos="fade-right" id="from-bbc-europe">From BBC: Europe</h1>
<ul>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Ukraine war: Bakhmut defenders plea for Western tanks</strong> - Ukrainians on the front lines call for hundreds of modern tanks, as the West debates new deliveries.</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Italys most-wanted Mafia boss Matteo Messina Denaro arrested in Sicily</strong> - Matteo Messina Denaro, Italys most-wanted Mafia boss, is captured after 30 years on the run.</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Putin is weaponising food, says boss of fertiliser giant Yara</strong> - The boss of Yara says Russias invasion of Ukraine has driven up the price of fertilisers and food.</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Australian Open bans Russian and Belarusian flags from tournament</strong> - Organisers announced the flags would be banned after a courtside incident.</p></li>
<li data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Ukraine war: Russias Wagner Group commander requests Norway asylum</strong> - Andrey Medvedev says he fled Wagner after witnessing war crimes while serving in Ukraine.</p></li>
</ul>
<h1 data-aos="fade-right" id="from-ars-technica">From Ars Technica</h1>
<ul>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Artists file class-action lawsuit against AI image generator companies</strong> - Suit seeks damages from Stability AI, Midjourney, and DeviantArt. - <a href="https://arstechnica.com/?p=1910185">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>WHO presses China for more data after COVID death tally leaps from 37 to 60K</strong> - The new death toll figure “should be considered the minimum.” - <a href="https://arstechnica.com/?p=1910408">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Where Matter support stands, and what devices are coming, in early 2023</strong> - Matter devices are arriving soon, but there are many quirks to work out. - <a href="https://arstechnica.com/?p=1909793">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>OAN loses key ruling in suit claiming DirecTV broke deal by dropping network</strong> - Judge denies OAN claim, says contract with DirecTV did not entitle it to renewal. - <a href="https://arstechnica.com/?p=1910276">link</a></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Lasers used to guide lightning strikes to a safe target</strong> - Lightning strikes flow along lasers path for tens of meters. - <a href="https://arstechnica.com/?p=1910281">link</a></p></li>
</ul>
<h1 data-aos="fade-right" id="from-jokes-subreddit">From Jokes Subreddit</h1>
<ul>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>My wife was incredibly mad when she found out I have been visiting prostitutes for sex</strong> - <!-- SC_OFF --></p>
<div class="md">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
I said “Well you can hardly blame me, its not like I was getting any from you!”
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
She yelled, “But I didnt know you were willing to pay for it!”
</p>
</div>
<!-- SC_ON -->
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/02K30C1"> /u/02K30C1 </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/10dntfs/my_wife_was_incredibly_mad_when_she_found_out_i/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/10dntfs/my_wife_was_incredibly_mad_when_she_found_out_i/">[comments]</a></span></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Whats between an introvert and an extrovert?</strong> - <!-- SC_OFF --></p>
<div class="md">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
A wall.
</p>
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
(I know it wasnt funny, but it popped into my mind, and I thought it was decent enough)
</p>
</div>
<!-- SC_ON -->
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/Bubakiler"> /u/Bubakiler </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/10e8pi6/whats_between_an_introvert_and_an_extrovert/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/10e8pi6/whats_between_an_introvert_and_an_extrovert/">[comments]</a></span></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>What did the Russian billionaire say when checking in at a hotel?</strong> - <!-- SC_OFF --></p>
<div class="md">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
Id like a room on the first floor, please.
</p>
</div>
<!-- SC_ON -->
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/Oolican"> /u/Oolican </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/10e1zf1/what_did_the_russian_billionaire_say_when/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/10e1zf1/what_did_the_russian_billionaire_say_when/">[comments]</a></span></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>Why did the condom fly across the room?</strong> - <!-- SC_OFF --></p>
<div class="md">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
It was pissed off.
</p>
</div>
<!-- SC_ON -->
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/Prostheta"> /u/Prostheta </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/10e1s9m/why_did_the_condom_fly_across_the_room/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/10e1s9m/why_did_the_condom_fly_across_the_room/">[comments]</a></span></p></li>
<li><p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"><strong>A restaurant worker was caught with his penis in the tomato slicer.</strong> - <!-- SC_OFF --></p>
<div class="md">
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom">
Both were fired on the spot.
</p>
</div>
<!-- SC_ON -->
<p data-aos="fade-left" data-aos-anchor-placement="bottom-bottom"> submitted by <a href="https://www.reddit.com/user/TenRingRedux"> /u/TenRingRedux </a> <br/> <span><a href="https://www.reddit.com/r/Jokes/comments/10dtgxh/a_restaurant_worker_was_caught_with_his_penis_in/">[link]</a></span> <span><a href="https://www.reddit.com/r/Jokes/comments/10dtgxh/a_restaurant_worker_was_caught_with_his_penis_in/">[comments]</a></span></p></li>
</ul>
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