Connect with us

Entertainment

TikTok Creators Sue Montana Over Its Ban Of The App

Avatar photo

Published

on

TikTok Creators Sue Montana Over Its Ban Of The App

HELENA, Mont. (AP) — Five TikTok content creators have filed a lawsuit seeking to overturn Montana’s first-in-the-nation ban on the video sharing app, arguing the law is an unconstitutional violation of free speech rights.

The Montana residents also argued in the complaint, filed in federal court late Wednesday without public notice, that the state doesn’t have any authority over matters of national security. Republican Gov. Greg Gianforte signed the bill into law Wednesday and said it would protect Montana residents’ private data and personal information from being harvested by the Chinese government.

The ban is scheduled to take effect on Jan. 1, 2024.

“The law takes the broadest possible approach to its objectives, restricting and banning the protected speech of all TikTok users in Montana to prevent the speculative and unsubstantiated possibility that the Chinese government might direct TikTok Inc., or its parent, to spy on some Montana users,” the complaint states.

“We expected a legal challenge and are fully prepared to defend the law,” said Emily Flower, spokeswoman for the Montana Department of Justice.

TikTok has argued the law infringes on people’s First Amendment rights.

However, spokesperson Brooke Oberwetter declined to comment on the lawsuit Thursday. She also declined to say whether the company helped coordinate the complaint.

The plaintiffs are Montana residents who use the video-sharing app for things like promoting a business, connecting with military veterans, sharing outdoor adventures or expressing their sense of humor. Two of them have more than 200,000 followers.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

One content creator, Carly Ann Goddard, shares videos about living on a ranch, parenting, recipes and home decor. Her account has 97,000 followers and has allowed her to roughly triple her family’s household income, the complaint states. TikTok creators can make money in several ways, including by being paid to advertise products to their followers.

The lawsuit — filed just hours after Gianforte signed the measure into law — states the ban would “immediately and permanently deprive Plaintiffs of their ability to express themselves and communicate with others.”

“Montana can no more ban its residents from viewing or posting to TikTok than it could ban the Wall Street Journal because of who owns it or the ideas it publishes,” the plaintiffs’ attorneys wrote.

The case could serve as a testing ground for the TikTok-free America many national lawmakers have envisioned. Cybersecurity experts say it could be difficult to enforce.

Some lawmakers, the FBI and officials at other agencies are concerned the video-sharing app, owned by ByteDance, could be used to allow the Chinese government to access information on U.S. citizens or push pro-Beijing misinformation that could influence the public. TikTok says none of this has ever happened.

A former executive at ByteDance alleges the tech giant has served as a “propaganda tool” for the Chinese government, a claim ByteDance says is baseless.

China passed laws in 2014 and 2017 that compel companies to cooperate with the country’s government for state intelligence work. TikTok says it has never been asked to hand over its data and it wouldn’t do so if asked.

“TikTok is spying on Americans. Period,” Montana Attorney General Austin Knudsen told a legislative committee in March. “TikTok is a tool of the Chinese Communist Party. It is owned by a Chinese company, and under China law, if you are based in China, you will cooperate with the Chinese Communist Party. Period.”

More than half the U.S. states, including Montana, and the federal government have banned TikTok from government-owned devices.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

Montana’s law would prohibit downloads of TikTok in the state and would fine any “entity” — an app store or TikTok — $10,000 per day for each time someone “is offered the ability” to access the social media platform or download the app. The penalties would not apply to users.

Opponents say Montana residents could easily circumvent the ban by using a virtual private network, a service that shields internet users by encrypting their data traffic, preventing others from observing their web browsing. Montana state officials say geofencing technology is used with online sports gambling apps, which are deactivated in states where online gambling is illegal.

The idea of a TikTok ban has been around since 2020, when then-President Donald Trump attempted to bar the company from operating in the U.S. through an executive order that was halted in federal courts. President Joe Biden’s administration initially shelved those plans, but more recently threatened to ban the app if the company’s Chinese owners don’t sell their stakes.

Montana’s law would be nullified if the federal government placed a ban on TikTok or if it was sold to a company not based in a country that is federally designated as a foreign adversary, which currently includes China, Russia, North Korea, Iran and Cuba.

Read More

Continue Reading
Advertisement
Click to comment

Entertainment

Coachella: Earthquake shakes SoCal desert during music fest

Avatar photo

Published

on

Coachella: Earthquake shakes SoCal desert during music fest

RIVERSIDE, Calif. (AP) — A small earthquake shook the Southern California desert Saturday near Coachella, where the famous music festival is being held this weekend. No damage or injuries were reported.

The quake, with a preliminary magnitude of 3.8, hit at 9:08 a.m. about 8 miles (13 kilometers) northeast of Borrego Springs in Riverside County, according to the U.S. Geological Survey.

The epicenter was about 20 miles (32 kilometers) southeast of Coachella. It struck at a depth of about 7 miles (11 kilometers), the USGS said.

A dispatcher with the Riverside County Sheriff’s Department said there were no calls reporting any problems from the quake.

Read More

Continue Reading

Entertainment

Matthew Perry died from acute effects of ketamine, autopsy says

Avatar photo

Published

on

Matthew Perry died from acute effects of ketamine, autopsy says

LOS ANGELES (AP) — Matthew Perry died from the acute effects of the anesthetic ketamine, according to the results of an autopsy on the 54-year-old “Friends” actor released Friday.

The Los Angeles County Department of Medical Examiner said in the autopsy report that Perry also drowned in “the heated end of his pool,” but that it was a secondary factor in his Oct. 28 death, deemed an accident.

People close to Perry told investigators that he was undergoing ketamine infusion therapy, an experimental treatment used to treat depression and anxiety. But the medical examiner said the levels of ketamine in Perry’s body were in the range used for general anesthesia during surgery, and that his last treatment 1 1/2 weeks earlier wouldn’t explain those levels. The drug is typically metabolized in a matter of hours.

The report says coronary artery disease and buprenorphine, which is used to treat opioid use disorder, also contributed.

The amount of ketamine detected “would be enough to make him lose consciousness and lose his posture and his ability to keep himself above the water,” said Dr. Andrew Stolbach, a medical toxicologist with Johns Hopkins Medicine who reviewed the autopsy report at the request of The Associated Press.

“Using sedative drugs in a pool or hot tub, especially when you’re alone, is extremely risky and, sadly, here it’s fatal,” said Stolbach, who noted that both ketamine and buprenorphine can be used safely.

Perry was declared dead after being found unresponsive at his home in the Pacific Palisades area of Los Angeles. Investigators performed the autopsy the following day.

The actor had taken drugs in the past but had been “reportedly clean for 19 months,” according to the report.

Perry had played pickleball earlier in the day, the report says, and his assistant, who lives with him, found him face down in the pool after returning from errands.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

The assistant told investigators Perry had not been sick, had not made any health complaints, and had not shown evidence of recent alcohol or drug use.

Postmortem blood tests showed “high levels” of ketamine in his system, which could have raised his blood pressure and heart rate and dulled his impulse to breathe.

Buprenorphine, commonly used in opioid addiction and found in therapeutic levels in Perry’s blood, could have contributed to the breathing problem, the autopsy said. It would have been risky to mix the central nervous system depressant with ketamine “due to the additive respiratory effects when present with high levels of ketamine,” according to the autopsy report.

The report said his coronary artery disease would have made him more susceptible to the drugs’ effects.

Perry was among the biggest television stars of his generation when he played Chandler Bing alongside Jennifer Aniston, Courteney Cox, Lisa Kudrow, Matt LeBlanc and David Schwimmer for 10 seasons from 1994 to 2004 on NBC’s megahit sitcom “Friends.”

His castmates, like many of his friends, family and fans, were stunned by his death, and paid him loving tribute in the weeks that followed.

Perry was open about discussing his struggles with addiction dating back to his time on “Friends.”

“I loved everything about the show but I was struggling with my addictions which only added to my sense of shame,” he wrote in his 2022 memoir. “I had a secret and no one could know.”

A woman whose name is redacted in the autopsy report told investigators that Perry had been in good spirits when she spoke to him a few days earlier, but had been taking testosterone shots which she said were making him “angry and mean.” She said he had quit smoking two weeks earlier.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

The woman said he had been receiving the ketamine infusions for his mental health, and that his doctor had been giving them to him less often because he had been feeling well.

Ketamine is a powerful anesthetic approved by U.S. health regulators for use during surgery, but in the past decade it has emerged as an experimental treatment for a range of psychiatric and hard-to-treat conditions, including depression, anxiety and chronic pain.

While not approved by regulators, doctors are free to prescribe drugs for these alternate uses if they think their patients could benefit, and hundreds of clinics across the U.S. offer ketamine infusions and other formulations for various health conditions.

___

AP Medical Writer Carla K. Johnson in Washington state, Health Writer Matthew Perrone in Washington, D.C., and Ryan J. Foley in Iowa City, Iowa, contributed reporting.

Read More

Continue Reading

Entertainment

Elton John testifies for defense in Kevin Spacey sex assault trial…

Avatar photo

Published

on

Elton John testifies for defense in Kevin Spacey sex assault trial…

By BRIAN MELLEY

Published [hour]:[minute] [AMPM] [timezone], [monthFull] [day], [year]
 

 

 

LONDON (AP) — Kevin Spacey ‘s lawyers enlisted the help of an A-list star Monday in his sexual assault trial, calling on Elton John and his husband to cast doubt on one of the Oscar winner’s accusers at the end of the defense case.

John appeared briefly in the London court by video link from Monaco after his husband, David Furnish, testified that Spacey did not attend an annual gala ball at their Windsor home at the time that the accuser said he was attacked in a car.

John was the final witness for the defense and was followed by character testimonials from colleagues, friends and family that had Spacey in tears in the dock when they were read aloud by his lawyer in Southwark Crown Court.

Spacey, 63, has pleaded not guilty to a dozen charges that include sexual and indecent assault counts and one count of causing a person to engage in penetrative sexual activity without consent.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

One of the alleged victims said he was driving Spacey to the White Tie & Tiara Ball in 2004 or 2005 when the actor grabbed his crotch so forcefully that he almost ran off the road.

Furnish supported Spacey’s own testimony that the only year he had attended the event was 2001. Furnish said he had reviewed photographs taken at the party from 2001 to 2005 and Spacey only appeared in images that one year. He said all guests were photographed each year.

John, who was wearing yellow tinted glasses, a dark jacket and light blue open-collar shirt, said the actor attended the party once in the early 2000s and arrived after flying to England on a private jet.

Here’s the latest for Monday July 17th: More extreme heat across U.S.; Devastating floods in Northeast; Officials in Crimea say Ukraine attacked bridge; Suspect killed in shootout with Georgia authorities.

Spacey’s appearance was a surprise and memorable because it was a big deal, said Furnish, a filmmaker and John’s manager, who also appeared from Monaco.

“He was an Oscar-winning actor and there was a lot of buzz and excitement that he was at the ball,” said Furnish.

John said the actor spent the night at their house after the event. He also confirmed that Spacey bought a Mini Cooper at the auction held that night for the Elton John AIDS Foundation.

Spacey said he spent the most money “ever” on that model of car and he kept it in John’s garage until he could pick it up later.

The alleged victim said he may have gotten the year wrong, but that he would not have forgotten the incident because it took his breath away and he was driving and almost crashed the car.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

The timeline, however, is important because the man testified that Spacey had fondled him over several years beginning in the early 2000s. The incident was the final occasion, he said. He threatened to hit the actor and after that avoided him.

Spacey said the two were friends and they engaged in some romantic contact but the man was straight, so the actor respected his wishes not to go further. He said he was crushed when he learned the man had complained to police about him and said the man had “reimagined” what had been consensual touching.

Furnish said he was familiar with the accuser and described him as “charming,” the same term Spacey used.

Over two days of testimony last week, the two-time Academy Award winner insisted that he never sexually assaulted three of the four accusers who described disturbing encounters between 2001 and 2013. The acts allegedly escalated from unwanted touching to aggressive fondling to one instance of performing oral sex act on an unconscious man.

Spacey dismissed one man’s fondling claims as “pure fantasy” and said he shared consensual encounters with two others who later regretted it. He accepted the claims of a fourth man, saying he had made a “clumsy pass” during a night of heavy drinking, but he took exception to the “crotch-grabbing” characterization.

Defense lawyer Patrick Gibbs rested his case after reading statements from 10 character witnesses who praised the actor’s work and compassion toward others.

Spacey dabbed at his eyes with a tissue as Gibbs read the words of actor Robert Sean Leonard, known for his role on the TV show “House” and the movie “Dead Poets Society.” Leonard said Spacey was “positive, supportive and respectful” and someone he admired greatly.

“He’s more than a successful actor, he’s a movie star, but unlike every other movie star I’ve worked with, he doesn’t know it,” Leonard said. “Stardom was never his goal. He loves and respects the work, and he loves and respects the people he works with.”

Closing arguments are expected later in the week. Spacey is free on bail.

Advertisement
Submit your 2022 Austin Neighborhood Feedback

John’s testimony came just over a week after he wrapped up his 50-year touring career with a show in Stockholm.

It’s the second time the “Rocket Man” star and Furnish have made appearances in a London courtroom this year. The two also showed for hearings in March at the High Court in their phone hacking lawsuit with Prince Harry against the publisher of the Daily Mail newspaper.

Read More

Continue Reading