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A federal appeals court panel on Friday unanimously upheld a law that could lead to a ban on TikTok in a few short months, handing a resounding defeat to the popular social media platform as it fights for its survival in the U.S. The U.S. Court of Appeals for the District of Columbia Circuit denied TikTok's petition to overturn the law — which requires TikTok to break ties with its China-based parent company ByteDance or be banned by mid-January — and rebuffed the company's challenge of the statute, which it argued had ran afoul of the First Amendment. “The First Amendment exists to protect free speech in the United States,” said the court's opinion, which was written by Judge Douglas Ginsburg. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.” TikTok and ByteDance — another plaintiff in the lawsuit — are expected to appeal to the Supreme Court, though its unclear whether the court will take up the case. “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue," TikTok spokesperson Michael Hughes said in a statement. “Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” Hughes said. Unless stopped, he argued the statute “will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.” Though the case is squarely in the court system, its also possible the two companies might be thrown some sort of a lifeline by President-elect Donald Trump, who tried to ban TikTok during his first term but said during the presidential campaign that he is now against such action . The law, signed by President Joe Biden in April, was the culmination of a years-long saga in Washington over the short-form video-sharing app, which the government sees as a national security threat due to its connections to China. The U.S. has said it’s concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits , that could fall into the hands of the Chinese government through coercion. Officials have also warned the proprietary algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect — a concern mirrored by the European Union on Friday as it scrutinizes the video-sharing app’s role in the Romanian elections. TikTok, which sued the government over the law in May, has long denied it could be used by Beijing to spy on or manipulate Americans. Its attorneys have accurately pointed out that the U.S. hasn’t provided evidence to show that the company handed over user data to the Chinese government, or manipulated content for Beijing’s benefit in the U.S. They have also argued the law is predicated on future risks, which the Department of Justice has emphasized pointing in part to unspecified action it claims the two companies have taken in the past due to demands from the Chinese government. Friday’s ruling came after the appeals court panel, composed of two Republican and one Democrat appointed judges, heard oral arguments in September. In the hearing, which lasted more than two hours, the panel appeared to grapple with how TikTok’s foreign ownership affects its rights under the Constitution and how far the government could go to curtail potential influence from abroad on a foreign-owned platform. On Friday, all three of them denied TikTok’s petition. In the court's ruling, Ginsburg, a Republican appointee, rejected TikTok's main legal arguments against the law, including that the statute was an unlawful bill of attainder or a taking of property in violation of the Fifth Amendment. He also said the law did not violate the First Amendment because the government is not looking to "suppress content or require a certain mix of content” on TikTok. “Content on the platform could in principle remain unchanged after divestiture, and people in the United States would remain free to read and share as much PRC propaganda (or any other content) as they desire on TikTok or any other platform of their choosing,” Ginsburg wrote, using the abbreviation for the People’s Republic of China. Judge Sri Srinivasan, the chief judge on the court, issued a concurring opinion. TikTok’s lawsuit was consolidated with a second legal challenge brought by several content creators - for which the company is covering legal costs - as well as a third one filed on behalf of conservative creators who work with a nonprofit called BASED Politics Inc. Other organizations, including the Knight First Amendment Institute, had also filed amicus briefs supporting TikTok. “This is a deeply misguided ruling that reads important First Amendment precedents too narrowly and gives the government sweeping power to restrict Americans’ access to information, ideas, and media from abroad,” said Jameel Jaffer, the executive director of the organization. “We hope that the appeals court’s ruling won’t be the last word.” Meanwhile, on Capitol Hill, lawmakers who had pushed for the legislation celebrated the court's ruling. "I am optimistic that President Trump will facilitate an American takeover of TikTok to allow its continued use in the United States and I look forward to welcoming the app in America under new ownership,” said Republican Rep. John Moolenaar of Michigan, chairman of the House Select Committee on China. Democratic Rep. Raja Krishnamoorthi, who co-authored the law, said “it's time for ByteDance to accept” the law. To assuage concerns about the company’s owners, TikTok says it has invested more than $2 billion to bolster protections around U.S. user data. The company has also argued the government’s broader concerns could have been resolved in a draft agreement it provided the Biden administration more than two years ago during talks between the two sides. It has blamed the government for walking away from further negotiations on the agreement, which the Justice Department argues is insufficient. Attorneys for the two companies have claimed it’s impossible to divest the platform commercially and technologically. They also say any sale of TikTok without the coveted algorithm - the platform’s secret sauce that Chinese authorities would likely block under any divesture plan - would turn the U.S. version of TikTok into an island disconnected from other global content. Still, some investors, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest in purchasing the platform. Both men said earlier this year that they were launching a consortium to purchase TikTok’s U.S. business. This week, a spokesperson for McCourt’s Project Liberty initiative, which aims to protect online privacy, said unnamed participants in their bid have made informal commitments of more than $20 billion in capital. Haleluya Hadero, The Associated PressLILLEY: Trudeau misses target as his words in NATO speech ring hollow
Petco Health & Wellness Co. ($WOOF) stock was down nearly 3% on Thursday ahead of the pet products retailer’s third-quarter earnings, but retail sentiment turned bullish. Wall Street analysts expect earnings per share to come in at -$0.04 on estimated revenues of $1.5 billion. Petco has beaten estimates thrice out of the last four quarters. Recently, analyst firm Baird reiterated its ‘Neutral’ rating on the company and maintained its price target of $5.00. The company has previously said it expects Q3 net revenues to be around $1.5 billion; and adjusted earnings before interest, taxes, and depreciation to be between $76 million and $80 million. Its guidance for adjusted EPS stands at -$0.03 to -$0.04. Retail sentiment on Stocktwits has turned ‘bullish’ (67/100) from ‘bearish’ (43/100) a week ago. In the second quarter, Petco met revenue consensus estimates. It posted net revenues of $1.52 billion, down 0.5% compared to the prior year. Overall, the quarter was a mixed bag. It beat estimates on EPS estimates but lowered guidance for the next quarter. Last month, Petco named Joe Venezia Chief Revenue Officer. One Stocktwits user’s analysis of the options market is expecting the stock to move more than 20% following its earnings report. Petco stock is up 55% year-to-date. For updates and corrections, email newsroom[at]stocktwits[dot]com.<
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The Latest: Police believe gunman who killed UnitedHealthcare CEO has left New York City
INDIANAPOLIS – There's more than just school pride and bragging rights to all that bellyaching over who might be in and who might be out of college football 's first 12-team playoff. Try the more than $115 million that will be spread across the conferences at the end of the season, all depending on who gets in and which teams go the farthest. Recommended Videos According to the College Football Playoff website , the 12 teams simply making the bracket earn their conferences $4 million each. Another $4 million goes to conferences whose teams get into the quarterfinals. Then, there's $6 million more for teams that make the semifinals and another $6 million for those who play for the title. Most of this bonanza comes courtesy of ESPN, which is forking over $1.3 billion a year to televise the new postseason. A lot of that money is already earmarked — more goes to the Big Ten and Southeastern Conference than the Big 12 or Atlantic Coast — but a lot is up for grabs in the 11 games that will play out between the opening round on Dec. 20 and the final on Jan. 20. In all, the teams that make the title game will bring $20 million to their conferences, all of which distribute that money, along with billions in TV revenue and other sources, in different ways. In fiscal 2022-23, the Big Ten, for instance, reported revenue of nearly $880 million and distributed about $60.5 million to most of its members. The massive stakes might help explain the unabashed lobbying coming from some corners of the football world, as the tension grows in advance of Sunday's final rankings, which will set the bracket. Earlier this week, Big 12 commissioner Brett Yormark lit into the selection committee, which doesn't have a single team higher than 15 in the rankings. That does two things: It positions the Big 12 as a one-bid league, and also threatens to makes its champion — either Arizona State or Iowa State — the fifth-best among conference titlists that get automatic bids. Only the top four of those get byes, which could cost the Big 12 a spot in the quarterfinals — or $4 million. “The committee continues to show time and time again that they are paying attention to logos versus resumes,” Yormark said this week, while slamming the idea of teams with two losses in his conference being ranked worse than teams with three in the SEC. The ACC is also staring at a one-bid season with only No. 8 SMU inside the cut line of this week's projected bracket. Miami's loss last week all but bumped the Hurricanes out of the playoffs, a snub that ACC commissioner Jim Phillips said left him “incredibly shocked and disappointed." “As we look ahead to the final rankings, we hope the committee will reconsider and put a deserving Miami in the field," Phillips said in a statement. The lobbying and bickering filters down to the campuses that feel the impact. And, of course, to social media. One of the most entertaining episodes came earlier this week when athletic directors at Iowa State and SMU went back and forth about whose team was more deserving. There are a few stray millions that the selection committee cannot really influence, including a $3 million payment to conferences that make the playoff. In a reminder that all these kids are going to school, after all, the conferences get $300,000 per football team that meets academic requirements to participate in the postseason. (That's basically everyone). ___ Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here . AP college football: https://apnews.com/hub/ap-top-25-college-football-poll and https://apnews.com/hub/college-football
LifeLabs didn't protect millions of Canadians' privacy, report finds
NASSAU, Bahamas — Scottie Scheffler brought a new putting grip to the Hero World Challenge and felt enough improvement to be satisfied with the result, a 5-under 67 that left him three shots behind Cameron Young on Thursday. Young was playing for the first time since the BMW Championship more than three months ago and found great success on and around the greens of Albany Golf Club, chipping beautifully and holing four birdie putts from 15 feet or longer for his 64. He led by two shots over Justin Thomas in his first competition since his daughter was born a few weeks ago. Thomas ran off four straight birdies late in his round and was a fraction of an inch away with a fifth. The big surprise was Scheffler, the No. 1 player in golf who looked as good as he has all year in compiling eight victories, including an Olympic gold medal. His iron play has no equal. His putting at times has kept him from winning more or winning bigger. He decided to try to a "saw" putting grip from about 20 feet or closer — the putter rests between his right thumb and his fingers, with his left index finger pointed down the shaft. "I'm always looking for ways to improve," Scheffler said. Scheffler last year began working with renowned putting instructor Phil Kenyon, and he says Kenyon mentioned the alternative putting grip back then. "But it was really our first time working together and it's something that's different than what I've done in the past," Scheffler said. "This year I had thought about it from time to time, and it was something that we had just said let's table that for the end of the season, take a look at it. "Figured this is a good week to try stuff." He opened with a wedge to 2 feet and he missed a 7-foot birdie putt on the par-5 third. But he holed a birdie from about the same distance at the next par 5, No. 6, and holed a sliding 6-footer on the ninth to save par. His longest putt was his last hole, from 12 feet for a closing birdie. "I really enjoyed the way it felt," he said. "I felt like I'm seeing some improvements in my stroke." Young, regarded as the best active player without a PGA Tour victory, is treating this holiday tournament as the start of a new season. He worked on getting stronger and got back to the basics in his powerful golf swing. And on this day, he was dialed in with his short game. He only struggled to save par twice and kept piling up birdies in his bogey-free round on an ideal day in the Bahamas. "The wind wasn't blowing much so it was relatively stress-free," Young said. Patrick Cantlay, along with Scheffler playing for the first time since the Presidents Cup, also was at 67 with Ludvig Aberg, Akshay Bhatia and Sahith Theegala. Thomas also took this occasion to do a little experimenting against a 20-man field. He has using a 46-inch driver at home — a little more than an inch longer than his regular driver — in a bid to gain more speed. On a day with little wind, on a golf course with some room off the tee, he decided to put it in play. "Just with it being a little bit longer, I just kind of have to get the club out in front of me and get on top of it a little bit more," Thomas said. "I drove the hell out of it on the back, so that was nice to try something different and have it go a little bit better on the back." Thomas said the longer driver gives him 2 or 3 mph in ball speed and 10 extra yards in the air. "It's very specific for courses, but gave it a try," he said. Conditions were easy enough that only four players in field failed to break par, with Jason Day bringing up the rear with a 75. Get local news delivered to your inbox!Warriors' Draymond Green Has Clean MRI on Calf Injury; Out vs. Rockets, Return TBD
Games rule: Chess to call of dutyBrock Purdy will miss Sunday's game for the 49ers with a shoulder injuryGreg Gumbel, a longtime CBS sportscaster, has died from cancer, according to a statement from family released by CBS on Friday. He was 78. “He leaves behind a legacy of love, inspiration and dedication to over 50 extraordinary years in the sports broadcast industry; and his iconic voice will never be forgotten,” his wife Marcy Gumbel and daughter Michelle Gumbel said in a statement. In March, Gumbel missed his first NCAA Tournament since 1997 due to what he said at the time were family health issues. Gumbel was the studio host for CBS since returning to the network from NBC in 1998. Gumbel signed an extension with CBS last year that allowed him to continue hosting college basketball while stepping back from NFL announcing duties. In 2001, he announced Super Bowl XXXV for CBS, becoming the first Black announcer in the U.S. to call play-by-play of a major sports championship. David Berson, president and CEO of CBS Sports, described Gumbel as breaking barriers and setting standards for others during his years as a voice for fans in sports, including in the NFL and March Madness. “A tremendous broadcaster and gifted storyteller, Greg led one of the most remarkable and groundbreaking sports broadcasting careers of all time," said Berson. Gumbel had two stints at CBS, leaving the network for NBC when it lost football in 1994 and returning when it regained the contract in 1998. He hosted CBS’ coverage of the 1992 and 1994 Winter Olympics and called Major League Baseball games during its four-year run broadcasting the national pastime. In 1995, he hosted the World Figure Skating Championships and the following year hosted NBC’s daytime coverage of the Olympic Summer Games in Atlanta. But it was football and basketball where he was best known and made his biggest impact. Gumbel hosted CBS’ NFL studio show, “The NFL Today” from 1990 to 1993 and again in 2004. He also called NFL games as the network’s lead play-by-play announcer from 1998 to 2003, including Super Bowl XXXV and XXXVIII. He returned to the NFL booth in 2005, leaving that role after the 2022 season. “Like all who knew and loved him, I too am saddened by his death, yet also so very grateful to have known him in my life,” Clark Kellogg, a CBS Sports college basketball game and studio analyst, said in a statement. “What a gift to be touched by such a good man and partner.” Gumbel, the older brother of sportscaster Bryant Gumbel, grew up in Chicago and graduated from Loras College in Dubuque, Iowa, in 1967 with a degree in English. He won local Emmy Awards during his long career and was the recipient of the 2007 Pat Summerall Award for excellence in sports broadcasting. Outside of his career as a sportscaster, he was affiliated with the March of Dimes for three decades, including as a member of its board of trustees. He also was a member of the Sports Council for St Jude’s Children’s Research Hospital for 16 years. Associated Press reporter Mike Sisak contributed.
INDIANAPOLIS (AP) — There's more than just school pride and bragging rights to all that bellyaching over who might be in and who might be out of college football 's first 12-team playoff. Try the more than $115 million that will be spread across the conferences at the end of the season, all depending on who gets in and which teams go the farthest. According to the College Football Playoff website , the 12 teams simply making the bracket earn their conferences $4 million each. Another $4 million goes to conferences whose teams get into the quarterfinals. Then, there's $6 million more for teams that make the semifinals and another $6 million for those who play for the title. Most of this bonanza comes courtesy of ESPN, which is forking over $1.3 billion a year to televise the new postseason. A lot of that money is already earmarked — more goes to the Big Ten and Southeastern Conference than the Big 12 or Atlantic Coast — but a lot is up for grabs in the 11 games that will play out between the opening round on Dec. 20 and the final on Jan. 20. In all, the teams that make the title game will bring $20 million to their conferences, all of which distribute that money, along with billions in TV revenue and other sources, in different ways. In fiscal 2022-23, the Big Ten, for instance, reported revenue of nearly $880 million and distributed about $60.5 million to most of its members. The massive stakes might help explain the unabashed lobbying coming from some corners of the football world, as the tension grows in advance of Sunday's final rankings, which will set the bracket. Earlier this week, Big 12 commissioner Brett Yormark lit into the selection committee, which doesn't have a single team higher than 15 in the rankings. That does two things: It positions the Big 12 as a one-bid league, and also threatens to makes its champion — either Arizona State or Iowa State — the fifth-best among conference titlists that get automatic bids. Only the top four of those get byes, which could cost the Big 12 a spot in the quarterfinals — or $4 million. “The committee continues to show time and time again that they are paying attention to logos versus resumes,” Yormark said this week, while slamming the idea of teams with two losses in his conference being ranked worse than teams with three in the SEC. The ACC is also staring at a one-bid season with only No. 8 SMU inside the cut line of this week's projected bracket. Miami's loss last week all but bumped the Hurricanes out of the playoffs, a snub that ACC commissioner Jim Phillips said left him “incredibly shocked and disappointed." “As we look ahead to the final rankings, we hope the committee will reconsider and put a deserving Miami in the field," Phillips said in a statement. The lobbying and bickering filters down to the campuses that feel the impact. And, of course, to social media. One of the most entertaining episodes came earlier this week when athletic directors at Iowa State and SMU went back and forth about whose team was more deserving. There are a few stray millions that the selection committee cannot really influence, including a $3 million payment to conferences that make the playoff. In a reminder that all these kids are going to school, after all, the conferences get $300,000 per football team that meets academic requirements to participate in the postseason. (That's basically everyone). Get poll alerts and updates on the AP Top 25 throughout the season. Sign up here . AP college football: https://apnews.com/hub/ap-top-25-college-football-poll and https://apnews.com/hub/college-footballNone
Rediscover Recovery Community Center launches parenting programLAS VEGAS (AP) — A team that previously boycotted at least one match against the San Jose State women’s volleyball program will again be faced with the , this time in the with a shot at the NCAA Tournament on the line. Five schools in the regular season against San Jose State, which carried a No. 2 seed into the conference tournament in Las Vegas. Among those schools: No. 3 Utah State and No. 6 Boise State, who will face off Wednesday with the winner scheduled to play the Spartans in the semifinals on Friday. Wyoming, Nevada and Southern Utah — which is not a Mountain West member — also canceled regular-season matches, all without explicitly saying why they were forfeiting. Nevada players cited fairness in women’s sports as a reason to boycott their match, while political figures from Wyoming, Idaho, Utah and Nevada suggested the cancellations center around protecting women’s sports. In a lawsuit , plaintiffs cited unspecified reports asserting there was a transgender player on the San Jose State volleyball team, even naming her. While some media have reported those and other details, neither San Jose State nor the forfeiting teams have confirmed the school has a trans women’s volleyball player. The Associated Press is withholding the player’s name because she has not publicly commented on her gender identity and through school officials has declined an interview request. A judge on Monday made by nine current conference players to block the San Jose State player from competing in the tournament on grounds that she is transgender. That Tuesday by an appeals court. “The team looks forward to starting Mountain West Conference tournament competition on Friday,” San Jose State said in a statement issued after the appeals court decision. “The university maintains an unwavering commitment to the participation, safety and privacy of all students at San Jose State and ensuring they are able to compete in an inclusive, fair and respectful environment.” Boise State did not immediately respond to a request for comment Tuesday. “Utah State is reviewing the court’s order,” Doug Hoffman, Aggies associate athletic director for communications, said in an email. “Right now, our women’s volleyball program is focused on the game this Wednesday, and we’ll be cheering them on.” San Jose State, which had a first-round bye, would be sent directly to the conference title game if Utah State or Boise State were to forfeit again. If the Spartans make the title game, it’s likely the opponent would not forfeit. They would face top-seeded Colorado State, No. 4 Fresno State or No. 5 San Diego State — all teams that played the Spartans this season. The conference champion receives an automatic bid to the NCAA Tournament. ___ AP college sports: Mark Anderson, The Associated Press
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