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•  Legal Events - Legal News


Eight TikTok content creators sued the U.S. government on Tuesday, issuing another challenge to the new federal law that would ban the popular social media platform nationwide if its China-based parent company doesn’t sell its stakes within a year.

Attorneys for the creators argue in the lawsuit that the law violates users’ First Amendment rights to free speech, echoing arguments made by TikTok in a separate lawsuit filed by the company last week. The legal challenge could end up before the Supreme Court.

The complaint filed Tuesday comes from a diverse set of content creators, including a Texas-based rancher who has previously appeared in a TikTok commercial, a creator in Arizona who uses TikTok to show his daily life and spread awareness about LGBTQ issues, as well as a business owner who sells skincare products on TikTok Shop, the e-commerce arm of the platform.

The lawsuit says the creators “rely on TikTok to express themselves, learn, advocate for causes, share opinions, create communities, and even make a living.”

“They have found their voices, amassed significant audiences, made new friends, and encountered new and different ways of thinking — all because of TikTok’s novel way of hosting, curating, and disseminating speech,” it added, arguing the new law would deprive them and the rest of the country “of this distinctive means of expression and communication.”

A spokesperson for TikTok said the company was covering the legal costs for the lawsuit, which was filed in a Washington appeals court. It is being led by the same law firm that represented creators who challenged Montana’s statewide ban on the platform last year. In November, a judge blocked that law from going into effect.

The Department of Justice said that the legislation that could ban TikTok “addresses critical national security concerns in a manner that is consistent with the First Amendment and other constitutional limitations. We look forward to defending the legislation in court.”

The federal law comes at a time of intense strategic rivalry between the U.S. and China on a host of issues and as the two butt heads over sensitive geopolitical topics like China’s support for Russia in its invasion of Ukraine. U.S. lawmakers and administration officials have aired concerns about how well TikTok can protect users’ data from Chinese authorities and have argued its algorithm could be used to spread pro-China propaganda, which TikTok disputes.

Under the law, TikTok’s parent company ByteDance would be required to sell the platform to an approved buyer within nine months. If a sale is in progress, the company will get a three-month extension to complete the deal.



A federal appeals court panel on Friday upheld the criminal conviction of Donald Trump’s longtime ally Steve Bannon for defying a subpoena from the House committee investigating the attack on the U.S. Capitol.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit rejected Bannon’s challenges to his contempt of Congress conviction. Bannon had been sentenced to four months in prison, but the judge overseeing the case had allowed him to stay free pending appeal.

Bannon’s attorneys didn’t immediately respond to an email seeking comment. His lawyers could ask the full D.C. appeals court to hear the matter.

The congressional committee sought Bannon’s testimony over his involvement in Trump’s efforts to overturn the 2020 presidential election.

Bannon had initially argued that his testimony was protected by Trump’s claim of executive privilege. But the House panel and the Justice Department contend such a claim is dubious because Trump had fired Bannon from the White House in 2017 and Bannon was thus a private citizen when he was consulting with the then-president in the run-up to the riot .

A second Trump aide, trade advisor Peter Navarro, was also convicted of contempt of Congress and reported to prison in March to serve his four-month sentence.



Jurors in the hush money trial of Donald Trump heard a recording Thursday of him discussing with his then-lawyer and personal fixer a plan to purchase the silence of a Playboy model who has said she had an affair with the former president.

A visibly irritated Trump leaned forward at the defense table, and jurors appeared riveted as prosecutors played the September 2016 recording that attorney Michael Cohen secretly made of himself briefing his celebrity client on a plan to buy Karen McDougal’s story of an extramarital relationship.

Though the recording surfaced years ago, it is perhaps the most colorful piece of evidence presented to jurors so far to connect Trump to the hush money payments at the center of his criminal trial in Manhattan. It followed hours of testimony from a lawyer who negotiated the deal for McDougal’s silence and admitted to being stunned that his hidden-hand efforts might have contributed to Trump’s White House victory.

“What have we done?” attorney Keith Davidson texted the then-editor of the National Enquirer, which had buried stories of sexual encounters to prevent them surfacing in the final days of the bitterly contested presidential race. “Oh my god,” came the response from Dylan Howard.

“There was an understanding that our efforts may have in some way...our activities may have in some way assisted the presidential campaign of Donald Trump,” Davidson told jurors, though he acknowledged under cross-examination that he dealt directly with Cohen and never Trump.

The testimony from Davidson was designed to directly connect the hush money payments to Trump’s presidential ambitions and to bolster prosecutors’ argument that the case is about interference in the 2016 election rather than simply sex and money. Manhattan District Attorney Alvin Bragg has sought to establish that link not just to secure a conviction but also to persuade the public of the significance of the case, which may be the only one of four Trump prosecutions to reach trial this year.

“This is sort of gallows humor. It was on election night as the results were coming in,” Davidson explained. “There was sort of surprise amongst the broadcasters and others that Mr. Trump was leading in the polls, and there was a growing sense that folks were about ready to call the election.”

Davidson is seen as a vital building block for the prosecution’s case that Trump and his allies schemed to bury unflattering stories in the run-up to the 2016 presidential election. He represented both McDougal and porn actor Stormy Daniels in negotiations that resulted in the purchase of rights to their claims of sexual encounters with Trump and those stories getting squelched, a tabloid industry practice known as “catch-and-kill.”

Davidson is one of multiple key players testifying in advance of Cohen, the star prosecution witness who paid Daniels $130,000 for her silence and also recorded himself, weeks before the election, telling Trump about a plan to purchase the rights to McDougal’s story from the National Enquirer so it would never come out. The tabloid had previously bought McDougal’s story to bury it on Trump’s behalf.

At one point in the recording, Cohen revealed that he had spoken to then-Trump Organization Chief Financial Officer Allen Weisselberg about “how to set the whole thing up with funding.” To which Trump can be heard responding: “What do we got to pay for this? One-fifty?”

Trump can be heard suggesting that the payment be made with cash, prompting Cohen to object by saying “no” multiple times. Trump can then be heard saying “check” before the recording cuts off.

Trump’s lawyers sought earlier in the day to blunt the potential harm of Davidson’s testimony by getting him to acknowledge that he never had any interactions with Trump — only Cohen. In fact, Davidson said, he had never been in the same room as Trump until his testimony.

He also said he was unfamiliar with the Trump Organization’s record-keeping practices and that any impressions he had of Trump himself came through others.



The Supreme Court on Monday allowed a lawsuit to go forward against a Black Lives Matter activist who led a protest in Louisiana in which a police officer was injured. Civil rights groups and free speech advocates have warned that the suit threatens the right to protest.

The justices rejected an appeal from DeRay Mckesson in a case that stems from a 2016 protest over the police killing of a Black man in Baton Rouge.

At an earlier stage of the case, the high court noted that the issue was “fraught with implications for First Amendment rights.”

The justices did not explain their action Monday, but Justice Sonia Sotomayor wrote a brief opinion that said lower courts should not read too much into it.

The court’s “denial today expresses no view about the merits of Mckesson’s claim,’' Sotomayor wrote.

At the protest in Baton Rouge, the officer was hit by a “rock-like” object thrown by an unidentified protester, but he sued Mckesson in his role as the protest organizer.

A federal judge threw out the lawsuit in 2017, but a panel of the 5th U.S. Circuit Court of Appeals ruled 2-1 that the officer should be able to argue that Mckesson didn’t exercise reasonable care in leading protesters onto a highway, setting up a police confrontation in which the officer, identified in court papers only as John Doe, was injured.

In dissent, Judge Don Willett wrote, “He deserves justice. Unquestionably, Officer Doe can sue the rock-thrower. But I disagree that he can sue Mckesson as the protest leader.”

If allowed to stand, the decision to allow the suit to proceed would discourage people from protesting, the American Civil Liberties Union wrote, representing Mckesson.

“Given the prospect that some individual protest participant might engage in law-breaking, only the most intrepid citizens would exercise their rights if doing so risked personal liability for third-parties’ wrongdoing,” the ACLU told the court.

Lawyers for the officer had urged the court to turn away the appeal, noting that the protest illegally blocked the highway and that Mckesson did nothing to dissuade the violence that took place.



A crusading Brazilian Supreme Court justice included Elon Musk as a target in an ongoing investigation over the dissemination of fake news and opened a separate investigation late Sunday into the executive for alleged obstruction.

In his decision, Justice Alexandre de Moraes noted that Musk on Saturday began waging a public “disinformation campaign” regarding the top court’s actions, and that Musk continued the following day — most notably with comments that his social media company X would cease to comply with the court’s orders to block certain accounts.

“The flagrant conduct of obstruction of Brazilian justice, incitement of crime, the public threat of disobedience of court orders and future lack of cooperation from the platform are facts that disrespect the sovereignty of Brazil,” de Moraes wrote.

Musk will be investigated for alleged intentional criminal instrumentalization of X as part of an investigation into a network of people known as digital militias who allegedly spread defamatory fake news and threats against Supreme Court justices, according to the text of the decision. The new investigation will look into whether Musk engaged in obstruction, criminal organization and incitement.

Musk has not commented on X about the latest development as of late Sunday.

Brazil’s political right has long characterized de Moraes as overstepping his bounds to clamp down on free speech and engage in political persecution. In the digital militias investigation, lawmakers from former President Jair Bolsonaro’s circle have been imprisoned and his supporters’ homes raided. Bolsonaro himself became a target of the investigation in 2021.

De Moraes’ defenders have said his decisions, although extraordinary, are legally sound and necessary to purge social media of fake news as well as extinguish threats to Brazilian democracy — notoriously underscored by the Jan. 8, 2023, uprising in Brazil’s capital that resembled the Jan. 6, 2021 insurrection in the U.S. Capitol.

On Saturday, Musk — a self-declared free speech absolutist — wrote on X that the platform would lift all restrictions on blocked accounts and predicted that the move was likely to dry up revenue in Brazil and force the company to shutter its local office.

“But principles matter more than profit,” he wrote.

He later instructed users in Brazil to download a VPN to retain access if X was shut down and wrote that X would publish all of de Moraes’ demands, claiming they violate Brazilian law. Musk had not published de Moraes’ demands as of late Sunday and prominent blocked accounts remained so, indicating X had yet to act based on Musk’s previous pledges.



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