Weekend Law: TikTok Ban, Transgender Ban & Rap Battle
Dec 7, 2024
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Eric Goldman, an internet law expert and co-director of the High Tech Law Institute, discusses a significant D.C. Circuit ruling on TikTok's Chinese ownership and its implications for free speech. David Cole, a Georgetown Law professor and ACLU veteran, navigates the legal challenges surrounding a Tennessee ban on gender-affirming care, focusing on its impact on transgender youth. Ronald Bienstock, an entertainment attorney, dives into a rap battle that has escalated into legal territory between Drake and Kendrick Lamar, illustrating the intersection of law and pop culture.
The DC Circuit's ruling to uphold a TikTok ban highlights ongoing tensions between national security interests and First Amendment rights.
The Supreme Court's consideration of Tennessee's transgender care ban could create significant precedents impacting transgender rights legislation nationally.
Deep dives
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Legal Challenges Surrounding TikTok in the U.S.
The U.S. legal landscape for TikTok has become precarious following a ruling from an appellate court that upheld a ban on the app unless it divests from Chinese ownership. The court determined that the government's national security concerns justified the restriction, even in light of the First Amendment rights at stake. Critics argue that the ruling was influenced more by hypothetical fears rather than concrete evidence of wrongdoing by the app. As the ban looms, TikTok plans to appeal, underscoring the uncertainty surrounding the app's future in America.
Transgender Rights Case in the Supreme Court
A significant legal challenge regarding transgender rights has emerged in the Supreme Court, centering on a Tennessee law that prohibits gender-affirming treatments for minors. The court's conservative justices have shown reluctance to intervene in state medical decisions, while the liberal justices have expressed concern about the law constituting sex-based discrimination. The potential implications of the court's decision could set a precedent affecting transgender rights across the country. If the law is upheld, it may embolden similar legislative efforts in other states, raising alarms for advocates of transgender rights.
Drake's Legal Fallout with Kendrick Lamar
In a unique legal dispute, Drake has initiated pre-action lawsuits against Universal Music Group, accusing the label of favoring Kendrick Lamar in the promotion of their respective musical works. The lawsuits, which focus on claims of payola, allege that Universal unfairly boosted Lamar's song at Drake’s expense amidst their ongoing rap feud. This situation underscores the complex dynamics of artist relationships and label affiliations in the music industry. As these cases unfold, they may set important precedents regarding artist treatment and competition within the evolving digital landscape.
Eric Goldman a professor at the Santa Clara University Law School and co-director of the High Tech Law Institute, discusses the DC Circuit upholding the law banning TikTok. David Cole, a professor at Georgetown Law and counsel for the teenage plaintiffs and their families, discusses the Supreme Court arguments over Tennessee’s ban on gender affirming care for minors. Ronald Bienstock, a partner at Scarinci Hollenbeck, discusses the rap battle between Drake and Kendrick Lamar, getting into court. June Grasso hosts.