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Monthly Archives: April 2023
Artificial Intelligence in Food and Beverage Market Size Set to Skyrocket with Projected CAGR of 45.4% from – EIN News
Posted: April 6, 2023 at 2:13 pm
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Real Money Roulette | Best USA Casinos for Online Roulette 2023
Posted: at 2:12 pm
With its black and red wheel, real money roulette is without a doubt one of the most popular casino games. This casino classic has been featured in movies, playing a pivotal role in creating good storylines for decades. But how does one play roulette online? What are the rules of playing real money online roulette? Which are some of the best online casinos to visit?
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Today, there are hundreds of online roulette sites in the USA. This means to find one that suits you, one needs to cross examine several features. Some of us may be new to online casinos and roulette game in general. As a result, you may have difficulties knowing what to look for in a genuine online casino offering real money roulette.
To help you find the best real money online casinos, we use our strict comparison review criteria. There are four main areas/features that we consider when carrying out these audits. These areas look at the licensing and security features; bonuses and promotions; game selection and payment options of the casino.
Each of the areas listed above is looked at into extensively and compared to other US friendly online casinos. Licensed and secure online casinos; those with fresh promotions at friendly terms and a wide selection of both games and payment options are ranked highly.
Ignition Casino
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Cafe Casino
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El Royale
El Royale online casinos is without doubt one of the leading operators in the newly regulated USA online casino industry. Since its launch in 2020, the El Royale brand has aimed at replicating the success of its competitors, combining the best of land based casino gaming and a leading technological website.
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Slots.lv
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Big Spin Casino
Big Spin online casino aims at doing everything bigger and better than its immediate online casino competitors. Whether it is their fresh promotions and bonuses or the burgeoning games portfolio, the site that was only launched in 2017 and licensed by the reputable Government of Curacao takes everything to the next level.
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Why players love Ignition Casino?
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Whether this is your first time playing roulette online or you are an expert, the rapid growth of the online casino industry has seen an introduction of new games and technology. With the new technology, it means theres always something new to learn. From the games, to the jargon used in playing these games, new technology is always introducing something fresh.
Just like other table games and online slots, roulette games have their own language. At Max Casinos USA, we want to bring you one step closer to being a native speaker. Our definitive glossary to real money roulette will ensure you never feel out of place as you play online roulette.
American Roulette
One of the three variations of online roulette. The game has an extra 00 (double zero) slot, which increase the house edge
Bankroll
This simply refers to the money you are willing to spend playing online roulette
Black Bet
A bet that you place on any one of the black numbers slots on the roulette wheel
Column Bet
A bet that covers the twelve (12) number column
Croupier
This is a French term you are bound to come across playing live dealer roulette. It can be used interchangeably with a live dealer i.e., the person in charge of spinning the roulette wheel
Even Bet
When you are placing an even bet, you are simply wagering that the next number will be an even number
Even Money
This is a 1:1 payout on all outside bets including odds, evens, reds, black and high/low numbers
En Prison Rule
This is a beneficial rule exclusive to the French Roulette game. If the roulette ball lands on a zero, you get another go at spinning the wheel
European Roulette
The most popular version of online roulette. The game uses a 36 slots format and a single zero (0). Offers better odds than the American roulette game
French Roulette
This is the original version of the roulette game. It uses rules and a layout that are slightly different from the European Roulette game.
High Roller
A player who has a huge bankroll at the online casino. They are sometimes referred to as Casino Whales
House Edge
The statistical edge that the online casino has over the player. European Roulette French Roulette and American Roulette all have different house edges
Inside Bet
One of the two groups of bets in a roulette game
La Partage
A special rule in European and French roulette. Through this, you keep half your bet if the ball lands on a zero
Outside Bet
The remaining type of bet that you can place in a roulette game
Push
When you get a push as you play online roulette, then the result is a draw. In this case, your full stake is refunded
Roulette Wheel
The roulette wheel is where all the magic happens. It holds the numbered slots in black or red
An online casino without roulette?! Unimaginable, it would be like a vehicle without wheels. Since the game was invented, there have been very few changes. The games fundamentals are simple, the set up is eye catching and the bet limits are flexible. This makes playing roulette fun, entertaining and allows players with all sorts of bet limits and preferences to enjoy the game.
In this section, we take you through all you need to know about playing roulette online. We highlight the gameplay, types of bets and expected odds in the game. This information is enough to enable you to play roulette online like a pro within no time.
The first step to playing roulette online is to make a decision on which site youd like to visit. Weve already highlighted a few reliable, licensed, safe and secure sites with a variety of real money roulette games. Once youve made your decision, follow the steps below to play the game. Weve included rules for the software based roulette games as well as the live dealer roulette game.
Fire up the roulette game you wish to play. It can be the American, European or French roulette variant
Once the game has finished loading, enter the amount that youd like to spend. There are chips displayed on the screen. Click on the respective amount until you have your desired amount
Pick your bet. This could be either an inside or outside bet. While doing this, remember different bets have different odds. Inside roulette bets are the most difficult to land and consequently have higher odds than outside roulette bets. FYI, you can pick as many bets as possible as you play roulette online
Pick your bet. This could be either an inside or outside bet. While doing this, remember different bets have different odds. Inside roulette bets are the most difficult to land and consequently have higher odds than outside roulette bets. FYI, you can pick as many bets as possible as you play roulette online
Once you are satisfied with your picks, hit the spin button to get the roulette wheel spinning. Winning bets are automatically paid out and balance updated in your account
The four step procedure is for those who choose to play software based roulette. Live dealer roulette follows a slightly different play. If you choose to play live dealer games, heres how to go about it:
Set your bet amount
Place the bet by simply clicking on an option from the grid or racetrack. You can place as many bets as you wish for one sitting
You can as well wait for the dealer to spin the roulette wheel to place your bet. However, once the croupier signals no more bets you cannot place a bet
Wait for the white marble to settle or land on one spot on the wheel. The dealer will then announce the winning bet and payouts are made according to the paytable
Bets in real money roulette are categorized into two; inside and outside bets. In the French roulette table, extra bets are usually marked at the side of the table. In the other two set ups, the roulette table is divided into 12 rows of 3 numbers.
As play roulette, there are bets, which are clearly labeled on the wheel. You may not immediately recognize some of these bets if you dont know them. This is why we ask you to play close attention to this section if you want to have fun playing real money roulette online. If its possible, open a roulette online game, and play as you read through.
These are bets you wager on them by placing chips on the inner section of the grid on the roulette table. There are five inside roulette bets that include the following:
Straight Up Bet
This is a bet you place on any number on the wheel. It is the hardest bet to hit, consequently the most rewarding. To place this bet, simply place your chip(s) on the number(s) you wish to wager on
Split Bet
This covers two numbers on the roulette table at the same time. To place a split bet, ensure the chip touches the two roulette numbers youd like to wager on. For instance, the line separating 29 and 30, 9 and 8 or 25 and 28
Line/Street Bet
This covers three numbers on the roulette table. To place the bet, simply place your chip at the end of the three numbers. For instance, at the end of 34 or 36 to cover numbers 36, 35 and 34. Also, at the end of 4 or 6 to cover numbers 4, 5 and 6
Corner/Quad Bet
Covers four numbers on the roulette table. To place it, simply place your chip(s) at the corner touching the four numbers. For instance, at the intersection of numbers 1, 2, 5 and 4
Double Street Bet
This is the last inside bet and it covers six numbers on the roulette table. To place this bet, simply place your chip at the end of the two rows covering the six numbers. For instance, betting on numbers 16, 19, 17, 20, 18 and 21, requires you to place your chip on the line intersecting 19 and 19
While inside bets focus on numbers, the focus of outside bets is on the larger section of the roulette table. This enables you to bet on a group of colours, numbers or other special bets as described below.
Black or Red Bets
When you are wagering on this bet, you are simply predicting the ball will land on either a black or red color. Place your chips on the field marked black or red to place this bet
Odds or Evens Bets
Placing your bet on this simply means you are predicting the number to show will either be odds or evens. Place your chip on the field marked even or odd to place the bet
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Real Money Roulette | Best USA Casinos for Online Roulette 2023
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Ex-Google engineer says humans will achieve immortality in 7 years; here’s how netizens reacted – Business Today
Posted: at 2:11 pm
Ex-Google engineer says humans will achieve immortality in 7 years; here's how netizens reacted Business Today
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Ex-Google engineer says humans will achieve immortality in 7 years; here's how netizens reacted - Business Today
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Waveland Capital Group | About Waveland
Posted: at 2:11 pm
Founded in August 2000, Waveland Energy Partners LLC is a private equity firm focused on the upstream oil and gas industry. We invest in projects operated by some of the largest public and private exploration and production (E&P) companies in the U.S. We have partnered with some of the industrys leading energy institutional private equity firms. Our current investments are in some of the most prolific basins in the U.S. the Williston Basin in North Dakota, the San Juan Basin in New Mexico, the Permian Basin in West Texas, and the Anadarko Basin in Oklahoma. In addition to our internal industry expertise, we work with talented technical industry consultants encompassing skill sets, such as engineering, geophysics, and land management. Since our inception, we have raised and deployed over $650 million in over 40 energy programs.
Through our affiliate, Waveland Resources LLC, we sponsor private limited partnership offerings to wealth advisors affiliated with independent broker-dealers and registered investment advisory firms throughout the United States. Waveland offers the financial advisor community and their accredited clients a unique growth and income total return strategy that focuses predominantly on pre-tax economic return to investors while providing substantial tax benefits. The objectives of this institutional private equity strategy include generating reasonable current cash distributions in parallel to building asset value through the reinvestment of a portion of project operating income, with the ultimate objective of achieving an asset sale exit transaction within three to five years.
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3 Tennessee Democrats face removal from office in Thursday vote after gun control protest on state House floor – CNN
Posted: at 2:10 pm
- 3 Tennessee Democrats face removal from office in Thursday vote after gun control protest on state House floor CNN
- Tennessee House votes on expelling 3 Democrats over gun protest NPR
- Hundreds demonstrate ahead of Tennessee House vote to expel three Democrats The Hill
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Vape Flavors and Vape Juice: What You Need to Know
Posted: at 2:08 pm
If you visit vape stores or vape websites, youre likely to see a wide selection of colorful pods, cartridges and bottles filled with flavored e-liquid, or vape juice. The vape juice is heated in e-cigarettes and vape rigs, and it creates an aerosol that users inhale.
Vape juice comes in a variety of flavors, including candy, bubblegum and childrens cereals. Johns Hopkins cardiologist Michael Blaha, M.D., M.P.H., discusses vape flavors and other e-liquid ingredients, and how they may affect health, particularly for children and teens.
Flavor is just one of the ingredients in e-liquid. Vape juices usually include nicotine and many other additives and chemicals, and Blaha says the unpredictable variety of ingredients is a problem. Even the heating coil, which allows the liquid to become an inhalable aerosol, releases new chemical substances and trace metals that go into the users lungs.
There are so many ingredients in e-liquids, and to date, no one is taking responsibility to account for them, notes Blaha. He explains that while there may be production standards for commercial e-cigarette companies, standards for vape shops, off-brand online vendors or homemade vape juice blends are less consistent.
Vape juice can contain a variety of things that could be toxic, Blaha says. There can be flavors, dyes, nicotine, THC (the ingredient in marijuana that causes a high) and other substances. There are all kinds of concoctions, he says. For example, there are reports that people may put essential oils, multivitamins or traces of medicines into e-liquids.
Some of these additives found in e-liquid are dangerous even deadly. For example, vitamin E acetate has been indicated in EVALI, which stands for e-cigarette or vaping product use associated lung injury. This is a potentially fatal syndrome associated with vaping, and it was on the rise in 2019. Vitamin E acetate is OK to eat, but dangerous to inhale.
Theres no doubt about it, Blaha says. Some of the chest X-rays of patients with EVALI show signs of oily chemical irritation of the lungs.
So when it comes to inhaling vape juice, we dont know whats safe. You may be able to eat something safely, but if you inhale it, there may be a harmful effect.
Blaha says theres limited evidence that vape juice flavors themselves are dangerous to individual users. But there are unknowns research suggests that flavors, when combined with other vape juice ingredients and heated, can create new compounds that may be harmful.
Inhaling harmful substances can affect more than just the lungs. Some vaping enthusiasts describe a phenomenon called vapers tongue, which causes a sudden full or partial loss of the ability to taste.
As a specialist in heart disease, Blaha treats patients who have urgent reasons to quit smoking cigarettes. These patients are often older adults who may have heart disease associated with smoking, and Blaha says they are motivated to quit. For the smaller group of adults who have unsuccessfully tried all strategies approved by the Food and Drug Administration to stop smoking, vaping and using e-cigarettes may help them kick the habit. Some prefer using flavored vape products as a way to help quit smoking, with the ultimate goal of complete cessation from all tobacco products.
But Blaha is particularly concerned about e-cigarette use and vaping among young people, and the surging incidence of vaping among kids who have never smoked. These young people are vulnerable to becoming addicted to the nicotine in vaping devices and e-cigarettes, and flavors may be making vaping more appealing to them. Blaha observes that the appeal of vape flavors, rather than flavor ingredients themselves, may have a broader danger to the public.
The key thing about flavors is that they seem to appeal to young people, he says. There is evidence that kids like the flavors like bubble gum, fruit and candy, and like trying new ones. For a lot of young people, it might be that the only reason they vape or use e-cigarettes is because they like the flavors.
While more research may determine the overall harm from vaping, it is already clear that using homemade or unregulated vape juices can introduce unknown and potentially harmful substances into users lungs. Another main concern is the addictive nature of nicotine in vape juice or any tobacco product.
Since smoking has a major impact on health, Blaha recommends discussing all nicotine use and tobacco cessation options with a doctor.
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Will Vaping Lead Teens to Smoking Cigarettes? – Johns Hopkins Medicine
Posted: at 2:08 pm
Vaping and e-cigarettes are sometimes promoted as ways to help cigarettesmokers quit. But what about the reverse? Can vaping lead to regularcigarette smoking later on?
A Johns Hopkins cardiologist shares his insights on the potential dangersof vaping, and why avoiding cigarettes and their electronicalternatives is the healthier choice.
Michael Blaha, M.D., M.P.H., a professor of medicine at Johns Hopkins, directs clinical research attheCiccarone Center for the Prevention of Cardiovascular Disease.
Blaha says that although vaping may not be as dangerous as smoking, itsnot a safe practice.
Some e-cigarettes and vape juices contain nicotine, an addictivesubstance in tobacco. As of 2016, the Food and Drug Administration (FDA)classifies e-cigarettes and nicotine-laced vape juice as tobacco productsand regulates them accordingly.
Blaha says that while the FDA has recently taken a stance that is moretoward what it calls modified risk tobacco products that cause less harmthan smoking, vaping is certainly more harmful than not using anything atall.
Kids have such a poor understanding of vaping products itsextraordinary, he says. Sometimes they dont know that theres nicotinein them or what the dose is, or what the impact of the flavorings might be.
But because using these products is more socially acceptable than smoking,they might think that electronic cigarettes are perfectly safe.
In addition to nicotine, artificial flavorings and other chemicals thatusers inhale, Blaha is concerned about some of the behavioral aspects ofvaping.
I think perhaps the #1 concern about vaping right now is theso-called gateway effect. Our own literature suggests that 2 million youngadults use electronic cigarettes as their first nicotine-based product.Theyre not trying to quit smoking theyve never smoked before.
Nicotine in any form is highly addictive. Vaping, using nicotine-lacedproducts, can become a tenacious and expensive habit, and kids might notstop there.
Blaha says theres evidence that young people who vape are more likely togo on to use illicit drugs and tobacco products such as cigarettes.
We might be causing the next smoking epidemic through young people gettingaddicted to electronic cigarettes early in life, he says.
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Will Vaping Lead Teens to Smoking Cigarettes? - Johns Hopkins Medicine
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Vaping Increases Odds of Asthma and COPD – Johns Hopkins Medicine
Posted: at 2:08 pm
For both studies, the researchers caution that they werent designed to show that vaping directly causes lung disease, but only whether doing so was associated with an increased likelihood of having disease. The researchers also didnt distinguish between vaping tobacco compared with cannabis. They also cautioned that self-reports via telephone surveys may not be wholly reliable. However, they say their findings demonstrate the need for continued research with e-cigarette users over time to confirm and clarify the risks.
Although e-cigarettes may turn out to be safer overall than traditional combustible cigarettes, our studies add to growing evidence that they carry health risks, says Michael Blaha, M.D., M.P.H., professor of medicine at the Johns Hopkins University School of Medicine. These studies are the first in a series of larger and long-term studies that will more definitively provide evidence to inform tobacco users and regulators.
Asthma, marked by inflammation of the airways and shortness of breath, affects an estimated 25 million Americans, and life-threatening episodes can be triggered easily by pollution, allergies and smoking. COPD, which affects some 16 million Americans, describes a group of disorders including emphysema and chronic bronchitis that make it hard to breathe due to permanent damage to the lungs over time. Rates of asthma and COPD are rising worldwide, according to the World Health Organization. Most cases of COPD result from smoking traditional cigarettes.
A study published by Blaha earlier this year in the Annals of Internal Medicine estimated that 1.4% of people, or about 1.9 million people in the U.S., solely use e-cigarettes. Scattered reports have linked the practice to a spike in respiratory illnesses dubbed EVALI (e-cigarette, or vaping, product use-associated lung injury), affecting more than 2,500 people and associated with numerous deaths, according to the Centers for Disease Control and Prevention. Because vaping and the products inhaled with it are still relatively new to the market, its safety remains unclear.
To shed some light on the risk, the researchers took advantage of national survey data gathered by the Behavioral Risk Factor Surveillance System from 2016 and 2017. This annual survey, commissioned by the U.S. Centers for Disease Control and Prevention, consisted of telephone interviews of more than 400,000 adult participants and provides data on health-related risk behaviors and chronic medical conditions.
In the analysis published in BMC Pulmonary Medicine, the investigators analyzed data from 402,822people who identified themselves as never smokers, meaning they said they had smoked less than 100 combustible cigarettes in their lifetimes. Of these, 3,103 reported using e-cigarettes or vaping, and separately 34,074 people reported having asthma. The average age of e-cigarette users was 1824. About 67% of e-cigarette users were men. Approximately 57% of e-cigarette users reported that they were white, 19% were Hispanic and 12% were black.
Almost 11% of the e-cigarette users reported having asthma, compared with 8% of those who had never used e-cigarettes. Those people who reported being current e-cigarette users were 39% more likely to self-report having asthma compared with those people who said they never used e-cigarettes. Those who said they used e-cigarettes some days were 31% more likely, and daily users were 73% more likely to report asthma, compared with non-e-cigarette users.
For the study published in the American Journal of Preventive Medicine, the researchers analyzed the same data from all the questioned participants. From the more than 700,000 interviewees, about 61% reported being never smokers, about 9% were current smokers, 30% were former smokers, more than 3% said they currently used e-cigarettes, and 2% said they used both e-cigarettes and smoked. The e-cigarette users were more likely to fall in the age range of 3034, almost 60% were men, 72% identified as white, 8% as black, 3.5% as Asian and 11% as Hispanic.
Of those who said they used e-cigarettes, about 11% said they had chronic bronchitis, emphysema or COPD, compared with 5.6% of people who said they had never used e-cigarettes. Among never smokers, current e-cigarette users were 75% more likely to report having COPD, compared with those who had never used them. Those who said they used both e-cigarettes and smoked cigarettes were almost six times more likely to report having COPD, compared with those who had never used either, whereas just using combustible cigarettes alone increased the odds by three times.
As a physician, I am most worried about those who use both e-cigarettes and combustible cigarettes because they may end up taking in the most nicotine, which may do the most damage, says Albert Osei, M.D., M.P.H., a postdoctoral fellow at the Johns Hopkins University School of Medicine and lead author on the study. Through public health campaigns, we finally had smoking levels down in some populations, but now with the current vaping epidemic, I foresee a whole new previously tobacco-nave, young generation becoming dependent on nicotine if we do not intensify public health education efforts.
According to the CDC, of the 16 million people in the U.S. who have COPD, 38% of them still smoke.
Additional authors on these studies include Mohammadhassan Mirbolouk, Olusola Orimoloye, Omar Dzaye, S. M. Iftekhar Uddin, Zeina Dardari and Shyam Biswal of Johns Hopkins; Andrew DeFilippis and Aruni Bhatnagar of University of Louisville; Emelia Benjamin of Boston University; and Michael Hall of University of Mississippi Medical Center.
This study was supported by a grant from the American Heart Association Tobacco Regulation and Addiction Center, which is funded by the National Heart, Lung, and Blood Institute/U.S. Food and Drug Administration (2U54HL120163).
COI: Defilippis receives funding from Astra Zeneca and consults for Radiometer America, Inc.
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Vaping Increases Odds of Asthma and COPD - Johns Hopkins Medicine
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How to Treat a Burn from a Vape Pen | Johns Hopkins Medicine
Posted: at 2:08 pm
Skin Burns
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Vaping burns are rare, but they can be serious, according to the FDA, especially if the device catches on fire while in the owners pocket. Heres what you should know if you get burned by a vape pen or e-cigarette.
Julie Ann Caffrey, D.O., M.S., assistant professor of plastic and reconstructive surgery and director of the Burn Fellowship Program at Johns Hopkins Bayview Medical Center, notes that vape burns are getting more attention among burn professionals. She adds that the injuries are probably underreported.
Caffrey says, The majority of patients that our team has seen with these types of injuries have been treated with local wound care. However, a smaller number have required surgery to heal their burn wounds, including surgical excision and skin grafting.
Vape burns can happen suddenly. For minor burns (those smaller than the size of a quarter), Caffrey suggests a cool compress (not ice). Then, each day, gently cleanse the area with mild soap and water and apply a layer of antibacterial (first aid) ointment and a clean, non-stick bandage.
Watch for signs of infection, such as fever, and call your doctor if you notice increasing redness, swelling or pain, or if there is a yellowish or foul-smelling discharge from the burn.
If a burn has the following features, Caffrey urges patients to seek medical help right away:
If youre with a person whos been burned and waiting for help:
Smoking electronic cigarettes is often considered safer than regular smoking. Learn why vaping is still harmful, and why you should rethink taking it up.
If your clothes catch fire, remember the STOP, DROP and ROLL rule: Smother flames as quickly as possible by dropping to the floor where you are, covering your face, and rolling over and over, focusing on the area thats burning.
Do not run or wave your arms, and dont wrap yourself up in anything that could catch fire.
If theres a fire extinguisher nearby, use it. Immediately cool the area with water and make sure the fire hasnt spread.
Vaping and e-cigarettes are sometimes promoted as ways to help cigarette smokers quit. But what about the reverse? Can vaping lead to regular cigarette smoking later on?
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How to Treat a Burn from a Vape Pen | Johns Hopkins Medicine
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If TikTok is banned, brace for epic First Amendment fight
Posted: April 4, 2023 at 7:31 am
(Reuters) - As Congress and President Joe Biden edge closer to barring the immensely popular video sharing app TikTok Inc from devices in the U.S., free speech advocates are preparing for a fight that would pit the First Amendment against lawmakers concerns about national security.
Sixteen public interest groups, including the ACLU, the Authors Guild and the Knight First Amendment Institute issued a letter to Congress last week, warning that a wholesale ban on TikTok was an ill-advised, blanket approach that would impair free speech and set a troubling precedent. The Electronic Frontier Foundation published a similar policy statement earlier in March, arguing that government has not offered enough specific evidence about TikToks national security risk to justify an outright ban.
Defenders of any TikTok ban, led by the U.S. Justice Department, will surely deny that it intrudes on free speech rights. In fact, if the ban relies on restricting app sales and internet hosting services for TikTok's Chinese parent company, ByteDance Ltd, the Justice Department will likely argue that it doesn't even implicate the First Amendment because it's aimed at commercial transactions, not speech.
The looming First Amendment fight over TikTok will obviously depend on the specifics of any ban. But some basic principles underlie the argument.
To start, TikTok as a U.S.-incorporated subsidiary of ByteDance and its U.S. users are both entitled to free speech protection under the First Amendment. So both, according to Knight First Amendment executive director Jameel Jaffer, would have standing to raise a First Amendment challenge to a ban.
Even TikTok users who merely watch videos without posting their own content, Jaffer said, have a First Amendment right to receive information. That right, he said, extends to propaganda from a foreign government under the U.S. Supreme Courts 1965 decision in Lamont v. Postmaster General, which struck down a federal statute that required people who had been sent communist political propaganda to fill out a government form before they could receive the mail.
But the Supreme Court has also held that the First Amendment does not preclude the government from shutting down a business that distributes information if that business is used for illicit activities. In 1986s Arcara v. Cloud Books, Inc., the justices sided with New York officials who shuttered an adult bookstore suspected of being a prostitution hub, rejecting the booksellers argument that the closure violated his free speech rights.
The government is looking at conduct, not speech, said Joel Thayer of the Digital Progress Institute, who has called for ByteDance to divest ownership of TikTok. Id push back on the idea of First Amendment implications.
If the Biden administration attempts to foreclose U.S. users from accessing TikTok at all, its a good bet that the Justice Department will rely on Arcara precedent to defend the ban.
I can say that with great confidence because the case figures prominently in Justice Department briefing in two previous cases challenging a ban on TikTok.
That's right, previous cases. In 2020, when former President Donald Trump issued executive orders that would effectively have barred TikTok from operating in the U.S., TikTok and three TikTok users filed separate lawsuits to block the orders from taking effect. TikToks lawyers at Covington & Burling sued in federal court in Washington, D.C. TikTok users, represented by Davis Wright Tremaine, sued in Philadelphia federal court. (Neither Covington nor Davis Wright responded to my queries about the prospect of new litigation.)
The federal judges overseeing both cases avoided a reckoning on First Amendment issues. Instead, U.S. District Judges Wendy Beetlestone of Philadelphia (in the TikTok users case) and Carl Nichols of Washington (in TikTok's own case) granted preliminary injunctions because Trump's orders ran afoul of a 1988 statute known as the Berman Amendment, which restricts the presidents authority to use emergency powers to ban the importation of information from foreign countries. The Justice Department appealed those rulings but dropped the appeals after the Biden administration rescinded Trumps TikTok orders.
Congress is now considering legislation that, in effect, would loosen the Berman Amendments constraints, removing the statute as an obstacle for presidential action on TikTok. That, in turn, which would make the First Amendment the primary line of attack on a TikTok ban.
The Justice Department, as I mentioned, argued in the 2020 TikTok users case that any First Amendment analysis should focus on actual prohibitions including a ban on internet hosting services for ByteDance rather than the downstream impact on TikTok users.
The restrictions here do not trigger First Amendment scrutiny because they regulate only economic transactions based on national-security concerns, DOJ asserted. Any effects on speech are incidental. (Justice Department lawyers also argued that TikTok users would have access to plenty of other platforms to share and consume videos.)
But David Greene of Electronic Frontier Foundation told me that the government cant entirely evade challengers First Amendment arguments by claiming that a TikTok ban only regulates commercial transactions, not speech. At best, he said, such an argument might persuade a court to examine the First Amendment implications of the TikTok ban using an intermediate level of scrutiny.
That inquiry, which is the usual standard for broad-based, content-neutral speech restrictions, would require the government to show that it narrowly tailored speech limitations to serve an important government interest. No one would argue that national security is not an important interest, of course, but TikTok, TikTok users and their supporters will likely assert that a wholesale ban is too blunt an instrument.
That strategy, after all, worked for users of the China-based messaging and social media platform WeChat, which the Trump administration effectively banned in 2020. U.S. Magistrate Judge Lauren Beeler granted a preliminary injunction against the restrictions, ruling that its users were likely to prevail on their claims that the ban was an overly broad response to the threat it was intended to address.
Beelers ruling was not tested through an appeal because the Biden administration dropped the WeChat ban. But you can bet its getting a thorough reading from lawyers waiting for action on TikTok.
Read more:
US House speaker says lawmakers to move forward with TikTok bill
Factbox -- Why a broad US TikTok ban is unlikely to take effect soon
Second U.S. judge blocks Commerce restrictions on TikTok
Reporting By Alison Frankel, editing by Leigh Jones
Our Standards: The Thomson Reuters Trust Principles.
Opinions expressed are those of the author. They do not reflect the views of Reuters News, which, under the Trust Principles, is committed to integrity, independence, and freedom from bias.
Thomson Reuters
Alison Frankel has covered high-stakes commercial litigation as a columnist for Reuters since 2011. A Dartmouth college graduate, she has worked as a journalist in New York covering the legal industry and the law for more than three decades. Before joining Reuters, she was a writer and editor at The American Lawyer. Frankel is the author of Double Eagle: The Epic Story of the Worlds Most Valuable Coin.
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If TikTok is banned, brace for epic First Amendment fight
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