When TikTok was arguing for its survival in the US in front of a US appeals court, the topic of Palestine took centre stage as TikTok's lawyer and circuit court judges went back and forth about the future of the social media platform.
“What about the case involving the Palestine Information Office, are you familiar with that case?” asked DC Circuit Court Judge Neomi Rao, one of three judges hearing TikTok's argument against a law passed by US congress that could lead to a potential ban in the country.
“I don't think I am [familiar], unfortunately, I apologise your honour,” said TikTok's lawyer Andrew Pincus.
Judge Rao is referring to case from 1987 known as Palestine Information Office v Shultz.
“There, this court said the fact that the Palestine Information Office, which was an entity in the US, could be shut down by the State Department, in part because of it's affiliation as a foreign mission to the PLO, which is a designated terrorist organisation,” said Judge Rao.
“Our court seemed to suggest very strongly that the control or the relationship itself was part of the strong justification for what the government did,” she explained to Mr Pincus, who seemed to be on the defensive for much of the hearing.
“I'm not familiar with that case your honour, I'm happy to address it in a supplemental brief,” Mr Pincus told the judge, trying to pivot to his overall arguments against the legislation passed by US Congress that seeks to force Beijing-based ByteDance to sell TikTok.
It is not yet clear if TikTok's lawyer being unfamiliar with Palestine Information Office v Shultz will impact his overall argument, but one thing is for certain, given that it was one of the first topics brought up by one of the three appeals court judges, the case's precedent is definitely being tested to some extent.
Palestine Information Office versus Shultz origins
The case of PIO v Shultz stretches back to 1987, when then US Secretary of State George Shultz, and ultimately the US State Department, ordered the closure of the Palestine Information Office in Washington DC.
That decision stemmed from a US law passed in 1982 known as the Foreign Missions Act, which caused tighter regulation with regard to foreign missions inside the US.
More specifically, it sought to “protect the US public from abuses and privileges and immunities by members of foreign missions”, while also seeking to regulate “the activities of foreign missions in the US in a manner that protects the foreign policy and national security interests of the US”.
Since the US classified the Palestine Liberation Organisation as a terrorist group, it applied the Foreign Missions Act to the Palestine Information Office as well, claiming that the office operated in association with the PLO.
In response, the PIO sued Mr Schultz, alleging that the organisation's freedom of speech and association was being violated.
The US government, however, told the circuit court that closing the PIO was well within the State Department's responsibility to conduct foreign affairs.
In the end, the circuit court upheld the State Department's decision to close the PIO office.
“Having found that the Secretary's determination that the PIO is a 'foreign mission' representing the PLO was proper, the court concludes that the plaintiff's constitutional claims … do not rise to the level necessary to implicate First Amendment concerns,” the court wrote, dismissing the case and the idea that the PIO's free speech was being violated.
Thirty-seven years after the gavel slammed in on that particular case, it appears that decision may be weighing heavily on the outcome of TikTok's fight against US Attorney General Merrick Garland, and for that matter, the legislation that could potentially ban TikTok from operating in the US.
TikTok's argument
Back in April, US President Joe Biden signed HR 7521, also known as the 'protecting Americans from foreign adversary controlled applications act.'
That legislation singled out ByteDance, the Beijing-based parent company of TikTok, and essentially accused it of being under control of China, therefore making it a threat to US national security.
The bill requires that ByteDance divest from TikTok for the app to continue operating for millions of users in the US.
TikTok came out swinging against the legislation, urging users to call legislators and insist that the platform's free speech was being violated.
After passing both houses of US Congress and ultimately receiving a signature from Joe Biden, TikTok decided to sue the US government.
During his argument before the US appeals court, Mr Pincus disagreed with US government's claim that ByteDance was based out of China, and stated that it's technically a holding company registered in the Cayman Islands.
In response, Sri Srinivasan, one of three judges at the hearing, told Mr Pincus that company was ultimately “subject to Chinese control”, seeming to echoing the legislative concerns that data from the app could fall into the hands of Chinese government officials.
TikTok's lawyer, however, kept refocusing on his main arguments.
“This law imposes extraordinary speech prohibition based on indeterminate future risks,” he explained.
“For the first time in history, Congress has expressly targeted a specific US speaker, banning its speech and the speech of 170 million Americans.”
He also told the judges that mere foreign ownership of companies should not necessarily negate the exercise of free speech, listing several US media companies that he said were owned by foreign entities.
“We have lots of publications owned by foreign entities and to say your foreign ownership casts your First Amendment in doubt … would fundamentally change the first amendment,” he added.
“Mere foreign ownership can't possibly be a justification because it would throw the First Amendment on its head.”
It remains to be seen when the court will make its much-anticipated decision regarding the TikTok's future, but it is likely to do so before the January 19 divestment deadline codified in the legislation signed by US President Joe Biden.
Why seagrass matters
- Carbon sink: Seagrass sequesters carbon up to 35X faster than tropical rainforests
- Marine nursery: Crucial habitat for juvenile fish, crustations, and invertebrates
- Biodiversity: Support species like sea turtles, dugongs, and seabirds
- Coastal protection: Reduce erosion and improve water quality
The biog
Name: Salvador Toriano Jr
Age: 59
From: Laguna, The Philippines
Favourite dish: Seabass or Fish and Chips
Hobbies: When he’s not in the restaurant, he still likes to cook, along with walking and meeting up with friends.
Company%C2%A0profile
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Mumbai Indians 213/6 (20 ov)
Royal Challengers Bangalore 167/8 (20 ov)
Wydad 2 Urawa 3
Wydad Nahiri 21’, Hajhouj 90'
Urawa Antonio 18’, 60’, Kashiwagi 26’
Our legal columnist
Name: Yousef Al Bahar
Advocate at Al Bahar & Associate Advocates and Legal Consultants, established in 1994
Education: Mr Al Bahar was born in 1979 and graduated in 2008 from the Judicial Institute. He took after his father, who was one of the first Emirati lawyers
Jawan
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'My Son'
Director: Christian Carion
Starring: James McAvoy, Claire Foy, Tom Cullen, Gary Lewis
Rating: 2/5
THE BIO
Bio Box
Role Model: Sheikh Zayed, God bless his soul
Favorite book: Zayed Biography of the leader
Favorite quote: To be or not to be, that is the question, from William Shakespeare's Hamlet
Favorite food: seafood
Favorite place to travel: Lebanon
Favorite movie: Braveheart
Tips from the expert
Dobromir Radichkov, chief data officer at dubizzle and Bayut, offers a few tips for UAE residents looking to earn some cash from pre-loved items.
- Sellers should focus on providing high-quality used goods at attractive prices to buyers.
- It’s important to use clear and appealing photos, with catchy titles and detailed descriptions to capture the attention of prospective buyers.
- Try to advertise a realistic price to attract buyers looking for good deals, especially in the current environment where consumers are significantly more price-sensitive.
- Be creative and look around your home for valuable items that you no longer need but might be useful to others.
Gifts exchanged
- King Charles - replica of President Eisenhower Sword
- Queen Camilla - Tiffany & Co vintage 18-carat gold, diamond and ruby flower brooch
- Donald Trump - hand-bound leather book with Declaration of Independence
- Melania Trump - personalised Anya Hindmarch handbag
RESULTS
6.30pm Al Maktoum Challenge Round-2 – Group 1 (PA) $49,000 (Dirt) 1,900m
Winner RB Frynchh Dude, Pat Cosgrave (jockey), Helal Al Alawi (trainer)
7.05pm Al Bastakiya Trial – Conditions (TB) $50,000 (D) 1,900m
Winner El Patriota, Vagner Leal, Antonio Cintra
7.40pm Zabeel Turf – Listed (TB) $88,000 (Turf) 2,000m
Winner Ya Hayati, Mickael Barzalona, Charlie Appleby
8.15pm Cape Verdi – Group 2 (TB) $163,000 (T) 1,600m
Winner Althiqa, James Doyle, Charlie Appleby
8.50pm UAE 1000 Guineas – Listed (TB) $125,000 (D) 1,600m
Winner Soft Whisper, Frankie Dettori, Saeed bin Suroor
9.25pm Handicap (TB) $68,000 (T) 1,600m
Winner Bedouin’s Story, Frankie Dettori, Saeed bin Suroor
What vitamins do we know are beneficial for living in the UAE
Vitamin D: Highly relevant in the UAE due to limited sun exposure; supports bone health, immunity and mood.
Vitamin B12: Important for nerve health and energy production, especially for vegetarians, vegans and individuals with absorption issues.
Iron: Useful only when deficiency or anaemia is confirmed; helps reduce fatigue and support immunity.
Omega-3 (EPA/DHA): Supports heart health and reduces inflammation, especially for those who consume little fish.
Our legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
if you go
The flights
Air Astana flies direct from Dubai to Almaty from Dh2,440 per person return, and to Astana (via Almaty) from Dh2,930 return, both including taxes.
The hotels
Rooms at the Ritz-Carlton Almaty cost from Dh1,944 per night including taxes; and in Astana the new Ritz-Carlton Astana (www.marriott) costs from Dh1,325; alternatively, the new St Regis Astana costs from Dh1,458 per night including taxes.
When to visit
March-May and September-November
Visas
Citizens of many countries, including the UAE do not need a visa to enter Kazakhstan for up to 30 days. Contact the nearest Kazakhstan embassy or consulate.
UAE squad
Rohan Mustafa (captain), Ashfaq Ahmed, Ghulam Shabber, Rameez Shahzad, Mohammed Boota, Mohammed Usman, Adnan Mufti, Shaiman Anwar, Ahmed Raza, Imran Haider, Qadeer Ahmed, Mohammed Naveed, Amir Hayat, Zahoor Khan
RESULTS
Time; race; prize; distance
4pm: Maiden; (D) Dh150,000; 1,200m
Winner: General Line, Xavier Ziani (jockey), Omar Daraj (trainer)
4.35pm: Maiden (T); Dh150,000; 1,600m
Winner: Travis County, Adrie de Vries, Ismail Mohammed
5.10pm: Handicap (D); Dh175,000; 1,200m
Winner: Scrutineer, Tadhg O’Shea, Ali Rashid Al Raihe
5.45pm: Maiden (D); Dh150,000; 1,600m
Winner: Yulong Warrior, Richard Mullen, Satish Seemar
6.20pm: Maiden (D); Dh150,000; 1,600m
Winner: Ejaaby, Jim Crowley, Doug Watson
6.55pm: Handicap (D); Dh160,000; 1,600m
Winner: Storyboard, Richard Mullen, Satish Seemar
7.30pm: Handicap (D); Dh150,000; 2,200m
Winner: Grand Dauphin, Gerald Mosse, Ahmed Al Shemaili
8.05pm: Handicap (T); Dh190,000; 1,800m
Winner: Good Trip, Tadhg O’Shea, Ali Rashid Al Raihe
Series info
Test series schedule 1st Test, Abu Dhabi: Sri Lanka won by 21 runs; 2nd Test, Dubai: Play starts at 2pm, Friday-Tuesday
ODI series schedule 1st ODI, Dubai: October 13; 2nd ODI, Abu Dhabi: October 16; 3rd ODI, Abu Dhabi: October 18; 4th ODI, Sharjah: October 20; 5th ODI, Sharjah: October 23
T20 series schedule 1st T20, Abu Dhabi: October 26; 2nd T20, Abu Dhabi: October 27; 3rd T20, Lahore: October 29
Tickets Available at www.q-tickets.com
Stat Fourteen Fourteen of the past 15 Test matches in the UAE have been decided on the final day. Both of the previous two Tests at Dubai International Stadium have been settled in the last session. Pakistan won with less than an hour to go against West Indies last year. Against England in 2015, there were just three balls left.
Key battle - Azhar Ali v Rangana Herath Herath may not quite be as flash as Muttiah Muralitharan, his former spin-twin who ended his career by taking his 800th wicket with his final delivery in Tests. He still has a decent sense of an ending, though. He won the Abu Dhabi match for his side with 11 wickets, the last of which was his 400th in Tests. It was not the first time he has owned Pakistan, either. A quarter of all his Test victims have been Pakistani. If Pakistan are going to avoid a first ever series defeat in the UAE, Azhar, their senior batsman, needs to stand up and show the way to blunt Herath.
How to wear a kandura
Dos
- Wear the right fabric for the right season and occasion
- Always ask for the dress code if you don’t know
- Wear a white kandura, white ghutra / shemagh (headwear) and black shoes for work
- Wear 100 per cent cotton under the kandura as most fabrics are polyester
Don’ts
- Wear hamdania for work, always wear a ghutra and agal
- Buy a kandura only based on how it feels; ask questions about the fabric and understand what you are buying
