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MIAMI GARDENS, Fla. — Notre Dame took advantage of a crucial Penn State turnover with under a minute left and made the game-winning field goal with seven seconds remaining to pull out a 27-24 win in the Orange Bowl and earn a spot in the College Football Playoff championship game.

Penn State quarterback Drew Allar was intercepted in Penn State territory with 33 seconds to play, leading to a 41-yard field goal by Notre Dame kicker Mitch Jeter. The Fighting Irish will meet the Cotton Bowl winner between Texas and Ohio State on Monday, Jan. 20, at Mercedes-Benz Stadium in Atlanta.

Down 10-0 with two minutes left in the second quarter and 24-17 with just under eight minutes to play, Notre Dame answered with a surprisingly explosive passing game, including a game-changing touchdown pass of 54 yards to wide receiver Jaden Greathouse to even the game at 24-24 with 4:38 remaining.

A game of runs — Penn State scored the first 10 points and Notre Dame the next 17 points — came down to which quarterback made the critical mistake. That was Allar, who had turned his game around in the fourth quarter but made a costly decision on a rollout on the Nittany Lions’ penultimate possession.

The Nittany Lions were held to 63 rushing yards in the second half after going for 141 yards in the first half, which more than the Irish had allowed combined in playoff wins against Indiana and Georgia.

Notre Dame quarterback Riley Leonard went 15 of 23 for 223 yards with a touchdown and two interceptions, with another 35 yards on the ground. The senior briefly left the game after being driven to the ground by two Penn State defenders on Notre Dame’s final possession of the first half. He was replaced by backup Steve Angeli but returned to the start the third quarter.

Robbed off his normal explosiveness due to a knee injury, running back Jeremiyah Love still managed a team-high 45 yards. Aneyas Williams had 83 yards of total offense. Greathouse led all players with 105 receiving yards.

Penn State’s Nick Singleton and Kaytron Allen combined for 166 yards on 34 carries, with Singleton accounting for all three of the team’s touchdowns.

All-America tight end Ty Warren had 75 receiving yards and 21 yards on the ground for the Nittany Lions. Allar started slowly and finished with 135 passing yards and the one costly turnover.

After the first scoreless first quarter in the Orange Bowl since Louisville and Wake Forest in 2007, the Nittany Lions got on the board with a short field goal to open the second quarter. Later, Penn State went 90 yards in 15 plays across more than seven minutes, capped by a Singleton touchdown run, to take a 10-0 lead with 2:18 remaining in the quarter.

Angeli took over for Leonard near midfield and drove the Irish in range for a 41-yard field goal by kicker Mitch Jeter as time expired to make it 10-3 at the break.

With Leonard back under center, Notre Dame’s offense responded with a 75-yard touchdown drive to open the second half keyed by a 36-yard completion to Williams. The Irish had three completions of 30 or more yards after having just nine on the season heading into Thursday night.

Notre Dame went ahead 17-10 on a Love touchdown run from two yards out less than a minute into the fourth quarter. Hit behind the line of scrimmage, Love wriggled away from multiple tacklers and dragged another Penn State defender into the end zone.

Penn State tied the score on the ensuing possession, retaking momentum with a 75-yard drive lasting 3:45 and ending with a 7-yard touchdown by Singleton. Allar completed all three of his attempts and 57 yards of total offense on the scoring drive.

Leonard’s interception on the first play of the next drive put Penn State in position to retake the lead on another Singleton score with 7:55 to play. The drive included a key pass-interference penalty on Notre Dame that negated an Allar interception.

Again, Notre Dame had the answer. Greathouse broken open on the right sideline when Penn State defensive back slipped in coverage. Greathouse made one potential tackler miss on his way to the end zone.

After tackling Allar short of a first down on a third-down scramble, Notre Dame took over at its 24-yard line with 2:34 to play. Boosted by a 15-yard hands-to-the-face penalty against Nittany Lions defensive lineman Zane Durant, the Irish were able to inch toward makeable field-goal range but were stopped on a Penn State sack with under a minute to go.

The Nittany Lions regained possession at the 15-yard line with 47 seconds to play. But Allar made the game’s biggest mistake: On second down on the 28-yard line, Allar rolled to his left, threw across his body and was intercepted by Christian Gray at the 42-yard line with 33 seconds left.

Leonard found Greathouse again to convert on third down and push the Irish down to the 25-yard line. Leonard then kneeled twice to get the Irish into the middle of the field and set up Jeter’s game-winning field goal.

This post appeared first on USA TODAY

S&P 500 earnings are in for 2024 Q3, and here is our valuation analysis.

The following chart shows the normal value range of the S&P 500 Index, indicating where the S&P 500 would have to be in order to have an overvalued P/E of 20 (red line), a fairly valued P/E of 15 (blue line), or an undervalued P/E of 10 (green line). Annotations on the right side of the chart show where the range is projected to be based upon earnings estimates through 2025 Q3.

Historically, price has usually remained below the top of the normal value range (red line); however, since about 1998, it has not been uncommon for price to exceed normal overvalue levels, sometimes by a lot. The market has been mostly overvalued since 1992, and it has not been undervalued since 1984. We could say that this is the “new normal,” except that it isn’t normal by GAAP (Generally Accepted Accounting Principles) standards.

We use GAAP earnings as the basis for our analysis. The table below shows earnings projections through September 2025. Keep in mind that the P/E estimates are calculated based upon the S&P 500 close as of December 31, 2024. They will change daily depending on where the market goes from here. It is notable that the P/E remains outside the normal range.

The following table shows where the bands are projected be, based upon earnings estimates through 2025 Q3.

This DecisionPoint chart keeps track of S&P 500 fundamentals, P/E and yield, and it is updated daily — not that you need to watch it that closely, but it is up-to-date when you need it.

CONCLUSION: The market is still very overvalued and the P/E is still well above the normal range. Earnings have ticked up and are projected to trend higher for the next four quarters. Being overvalued doesn’t require an immediate decline to bring valuation back within the normal range, but high valuation applies negative pressure to the market environment.

Watch the latest episode of DecisionPoint on StockCharts TV’s YouTube channel here!

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MIAMI GARDENS, Fla. — You’ve never getting them in a conference now. 

No matter what happens with Notre Dame’s magical College Football Playoff run, no matter where the improbable ride ends, this Irish team will go down as the one that secured the university’s beloved independent model. 

If Notre Dame’s thrilling, last-second 27-24 victory Thursday over Penn State in the CFP Orange Bowl semifinal wasn’t enough, consider the reward for advancing to the national championship game: $20 million.

Notre Dame, everyone, is playing with house money with one game remaining in the CFP. 

“We have the pieces in place now,” Notre Dame athletic director Pete Bevacqua told USA TODAY Sports late Thursday night outside a wild Irish locker room. “We have a long-term (media rights) deal with NBC, and it’s no secret that the playoff expansion to 12 teams helps us. We feel good about where we are moving forward.”

Just how good? It doesn’t matter who the Irish play from the Cotton Bowl semifinal – Ohio State or Texas – or if it ends in another national title for the storied program, it has no impact on the most important takeaway from this postseason run. 

Notre Dame proved it could do what was, at best, a dream scenario of having its NBC cake and eating College Football Playoff pie, too. The shifting landscape of college football seemingly had Notre Dame in a no-win situation: stay independent and trail the Big Ten and SEC in revenue generation, or believe in the concept of finding the right coach and plan and reach every possible goal on the field.

And bank a load of cash in the process.

It was earlier this week when Penn State coach James Franklin said “everybody should be in a conference” — a direct shot at Notre Dame and its longstanding independent status.

But while college football moved forward this season with an expansion (and contraction) that left the Power Four with three 16-team conferences and one 18-team conference, Notre Dame stood its ground. 

Now we know why. 

The win over Penn State generated a $6 million payout for Notre Dame from the CFP. The breakdown of the complete Irish postseason haul: 

— $4 million for qualifying for the CFP. 

— $4 million for reaching the quarterfinals. 

— $6 million for reaching the semifinals.

— $6 million for reaching the final. 

So when cornerback Christian Gray intercepted an errant throw from Penn State quarterback Drew Allar at the Penn State 42 with less than a minute to play to set up the eventual game-winning 41-yard field goal from Mitch Jeter, Notre Dame had its statement game as a strong, healthy independent.

And a mega payout.  

Notre Dame’s television deal with NBC is estimated to be worth $50 million annually. The CFP payout of $20 million moves Notre Dame to $70 million annually, nearly identical to the high-rent financial neighborhoods of SEC and Big Ten teams.

Bowl Subdivision teams who play in conferences must share their CFP payouts with their conference, and SEC and Big Ten teams will earn an estimated $70 million each. 

If Notre Dame had joined either of those conferences, it would’ve had to share its NBC contract, and College Football Playoff proceeds — or likely eliminate the NBC deal altogether. Now the Irish are standing tall and alone once again in the college football landscape. 

The bonus: they’re one win away from their first national title since 1988.

“These guys are just built different,” said Notre Dame coach Marcus Freeman. “This place is so special.”

Not long after the game, after they sang the Notre Dame fight song and celebrated beating another top five team in the CFP, Irish defensive coordinator Al Golden stood outside the locker room and tried to explain what just happened. 

This unthinkable season, which seemed lost in September with a home loss to Northern Illinois, now has the feel of destiny. Somehow, some way, Notre Dame was beaten up by Penn State in the first half, and found a way to trail by only seven. 

Somehow, some way, after Penn State scored two fourth quarter touchdowns to take a 24-17 lead, the Irish found a way again. Whether it was the gutty play of quarterback Riley Leonard – briefly knocked out of the game late in the first half and was checked for a concussion – or the dynamic ability of forgotten wideout Jaden Greathouse.

Or a defense that kept getting big stops, including an interception by cornerback Christian Gray that set up the game-winning drive. The ball nearly slipped out of Gray’s hands as he went to the ground, but he carefully scooped and tucked it in.

Golden called a different defensive front and stunt on the interception, and a different coverage. 

“Didn’t play it all game.” he said. “I don’t want to say what it was, but we had to keep them guessing. We needed a stop, a big play. You make the call, feel good about it. We get the pressure, and Christian just makes an unbelievable play. We find a way. It’s happened over and over this season.”

Now there’s one game left, one last dance with a group of players who haven’t buckled in a win or walk scenario since the Week 2 loss to Northern Illinois. Because Notre Dame doesn’t play in a conference, it doesn’t play in a conference championship game to get an extra data point for the CFP selection committee.

Another loss this season would’ve likely been fatal to its CFP hopes. Instead, the Irish are one win from first national title since beating West Virginia in the 1989 Fiesta Bowl at the end of the 1988 season — since before the explosion of cable television’s impact on the sport. Before the CFP and the Bowl Championship Series and the Bowl Coalition and Bowl Alliance.

All the way back to the days of backroom postseason deals, when schools and conferences and bowls made decisions based on their best interests. And only after the games was a mythical national champion declared by an alphabet soup of news services.

A win against Ohio State or Texas in the national championship game would be the final step in the season of the unthinkable. But the biggest win, the biggest statement, arrived in the Orange Bowl. 

“This has been a wonderful run,” Bevacqua said. “We have the history, the tradition, and our independence. And we feel we have the best coach in college football.” 

You’re never getting them in a conference now.

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Matt Hayes is the senior national college football writer for USA TODAY Sports Network. Follow him on X at @MattHayesCFB.

This post appeared first on USA TODAY

Ohio State is the lowest seed remaining in the College Football Playoff, but you’d be hard-pressed to find a significant amount of people that didn’t have the Buckeyes as the favorites to win the national championship in Atlanta on Jan. 20. That’s because Ohio State have rolled through Tennessee and No. 1 Oregon in consecutive matchups with its offense dominating two of the better defenses in the country.

The task of stopping the Buckeyes in the Cotton Bowl semifinal is Texas. The Longhorns appeared to be cruising to a defeat of Arizona State in the Peach Bowl quarterfinal before a fourth-quarter stumble led to a dramatic overtime victory. With questions on offense, Texas will need to find a way to generate points to keep pace with Ohio State.

In addition to reaching the national championship game, there are also bragging rights at stake with the Buckeyes of the Big Ten facing the Longhorns of the SEC. One conference will be able to puff out its chest at the end of the game. So who wins? Our experts make their picks.

Scooby Axson

If Ohio State gets its offense rolling, it will be up to Texas and Quinn Ewers to keep up and match the Buckeyes score for score. The problem is that the Longhorns have shown a tendency to stall on offense and to blow leads, which can turn a possible comfortable victory into having to make plays down the stretch. The $20 million train rolls along, and the Michigan debacle looks and feels more like a distant memory than anything. Ohio State 34, Texas 21.

DRAFT-READY: Ohio State freshman could be one to test NFL rule

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Jordan Mendoza

Ohio State has by far looked like a national championship winning team. But what’s been the key for the Buckeyes have been the blazing hot starts that has made a comeback seem impossible. The Texas defense, after a shaky second half against Arizona State, can’t fall behind early if it wants to move onto the national title. The unit is unable to contain Jeremiah Smith and company the Buckeyes punch their ticket to Atlanta. Ohio State 31, Texas 20.

Paul Myerberg

Ohio State won’t be stopped. Texas will need to play its best game of the year (or maybe the decade, if not the generation) to upend the mighty Buckeyes. While Quinn Ewers played well late in the Peach Bowl, the Longhorns’ general lack of consistency on offense will eventually help OSU pull away and score another double-digit win. Ohio State 38, Texas 27.

Erick Smith

In the postseason, sometimes pregame expectations are met and momentum carries through to the next round. The vast majority of people anticipate Ohio State continuing its playoff domination against Texas. But what if the Longhorns might be benefiting from overconfidence from the Buckeyes? That’s certainly a possibility given the way the quarterfinals went for both teams. It’ll take a huge effort from quarterback Quinn Ewers and the Texas offense to pull off the upset. It probably won’t happen. Just don’t be surprised if this game is closer than you think. Ohio State 28, Texas 24.

Eddie Timanus

Texas is going to have to be just about perfect to hang with the Buckeyes – and it won’t be. The Longhorns will get points, but not nearly enough. A first-half interception will allow Ohio State to build a multiple-score lead it won’t relinquish. Ohio State 45, Texas 24.

Dan Wolken

If the Buckeyes’ offense keeps operating at the level it has produced for the first two CFP games, this one won’t be close. Sometimes it’s like pulling teeth to get explosive plays out of Texas’ offense, and they will need more than a few in this game to keep pace. The Longhorns’ defense has been good all season, but there were some serious cracks in the quarterfinals against Arizona State and the level of perimeter skill they have to account for in this game is unlike anything they’ve seen all year. Ohio State deserves to be the favorite here. Ohio State 38, Texas 17.

This post appeared first on USA TODAY

The NFL didn’t wait any longer for what was trending toward an inevitable decision.

The league announced Thursday evening that – ‘(i)n the interest of public safety’ – Monday night’s wild-card game between the Los Angeles Rams and Minnesota Vikings, which was scheduled to be played at SoFi Stadium in Inglewood, California, will be moved to Arizona due to the wildfires that continue to rage through the greater Los Angeles area.

‘The decision was made in consultation with public officials, the participating clubs and the NFLPA,’ the league also revealed in a statement.

‘The game will be televised on ESPN, ABC, ESPN+ and ESPN Deportes at its scheduled 8:00 p.m. ET time. Tickets will go on sale at 10 a.m. PT Friday morning through Seatgeek.com for Rams Season Ticket Members and Noon PT to the general public. More information on ticket sales will be provided as soon as possible.’

The game will now be played at State Farm Stadium in Glendale, the Arizona Cardinals’ home.

NFL STATS CENTRAL: The latest NFL scores, schedules, odds, stats and more.

The Rams had signaled to their fans earlier Thursday continued plans to play at SoFi, but those intentions were superseded by ongoing safety and logistical issues in Southern California, not to mention the outbreak of another fire near the team’s practice facility in Woodland Hills. Proximity to that blaze prompted the Rams to send their players home early.

At least five fires were active in Los Angeles County, devastating more than 40 square miles across the region, according to Cal Fire. Tens of thousands of Los Angeles County residents have been forced to evacuate their homes.

‘Every time we suit up, we’re the Los Angeles Rams. We play for the people in this community, the people that support us, and this week will be another example of that,” quarterback Matthew Stafford said Thursday prior to the announcement.

“Hopefully it’ll be a great escape for people who’ve been going through a lot of tough times here the last couple days.”

Prior to Thursday, no NFL playoff game had ever been relocated during the Super Bowl era, which dates to 1966. The league did pull Super Bowl 27, which was the capstone of the 1992 season, out of Arizona when the state refused to make Martin Luther King Day a holiday in 1990. The game was finally played in Tempe, Arizona, in 1996.

However this is not the first time the NFL has moved a Monday night contest from Southern California due to wildfires. A matchup between the San Diego Chargers and Miami Dolphins in 2003 had to be shifted to Tempe. The displaced Chargers lost 26-10.

The Bolts, who relocated from San Diego to LA in 2017, have also experienced disruption ahead of their wild-card game Saturday in Houston against the AFC South champion Texans. The Chargers altered their practice schedule Wednesday due to air quality issues and wound up flying to Texas on Thursday afternoon.

This story has been updated with new information.

***

Follow USA TODAY Sports’ Nate Davis on X, formerly Twitter, @ByNateDavis.

This post appeared first on USA TODAY

The New York Jets, Cleveland Browns and Jacksonville Jaguars will be part of the International Series, the NFL announced Friday.

The Jets and Browns will play different opponents at Tottenham Hotspur Stadium as the home team, while the Jaguars will have their home game at Wembley Stadium. It will be Jacksonville’s 14th season playing in London.

The league, which can schedule up to eight league-operated regular-season games internationally, will also have teams play next season in Madrid at the Santiago Bernabéu Stadium, and at Olympic Stadium in Berlin.

The NFL official schedule release with the kickoff dates and times will be revealed in the spring.

For the Jets, next year’s game in London will be their fifth international game, while the Browns have played in one regular-season game in London.

NFL STATS CENTRAL: The latest NFL scores, schedules, odds, stats and more.

The Jets lost to the Minnesota Vikings 23-17 last season in London, and the Browns’ one game in London also resulted in a loss to the Vikings, 33-16, in 2017.

This post appeared first on USA TODAY

President-elect Donald Trump issued a warning ahead of the inauguration of contested Venezuelan President Nicolás Maduro, who took up the top job for a third term on Friday. 

Despite significant opposition both at home and abroad to the July election in which Maduro claimed victory without providing ballot-box proof, the Venezuelan leader, deemed a ‘dictator’ by American lawmakers, is now set to hold office until 2031.

On Thursday, opposition leader María Corina Machado emerged from months of hiding to join hundreds of anti-Maduro protesters in the capital city of Caracas and demand that opposition candidate Edmundo González be sworn in instead.

Machado was briefly detained by government security forces after they ‘violently intercepted’ her convoy as she attempted to leave the protests, the Associated Press reported.

Trump took to social media to demand she remain ‘safe and alive.’

‘Venezuelan democracy activist Maria Corina Machado and President-elect Gonzalez are peacefully expressing the voices and the will of the Venezuelan people with hundreds of thousands of people demonstrating against the regime,’ he wrote. ‘These freedom fighters should not be harmed, and must stay safe and alive.’

The opposition figure was apparently forced to record several videos before she was released, though the details of those recordings remain unclear. 

Maduro’s supporters have reportedly denied that Machado was arrested.

On Friday, the Biden administration backed the efforts by the opposition leaders and, according to Secretary of State Antony Blinken, ‘President-elect Edmundo González Urrutia should be sworn in, and the democratic transition should begin.

‘Today, Nicolás Maduro held an illegitimate presidential inauguration in Venezuela in a desperate attempt to seize power. The Venezuelan people and world know the truth – Maduro clearly lost the 2024 presidential election and has no right to claim the presidency,’ the secretary said in a statement. ‘The United States rejects the National Electoral Council’s fraudulent announcement that Maduro won the presidential election and does not recognize Nicolás Maduro as the president of Venezuela. 

‘We stand ready to support a return to democracy in Venezuela,’ Blinken added. 

The U.S. Treasury Department’s Office of Foreign Assets Control (OFAC) on Friday slapped a new round of sanctions on the Maduro regime, this time targeting ‘officials who lead key economic and security agencies enabling Nicolás Maduro’s repression and subversion of democracy in Venezuela.’

Eight officials were named in the sanctions, including the recently appointed head of Venezuela’s state oil company PDVSA, Hector Obregon, as well as the nation’s transportation minister, Ramon Velasquez, according to a statement by the department.

‘In addition, OFAC is sanctioning high-level Venezuelan officials in the military and police who lead entities with roles in carrying out Maduro’s repression and human rights abuses against democratic actors,’ the statement said. 

Maduro was also once again targeted by Washington’s sanctions, and the reward for information leading to his arrest or conviction was increased to $25 million.

The same amount was offered up for the Venezuelan Minister of Interior, Justice, and Peace, Diosdado Cabello, along with a $15 million reward for Defense Minister Vladimir Padrino. 

Members of the military and police were also named in the sanctions. 

Blinken confirmed on Friday that some 2,000 Maduro-aligned individuals have had visa-restrictions imposed on them.

This post appeared first on FOX NEWS

President-elect Donald Trump said Thursday that his team is in the works of setting up meetings with Russian President Vladimir Putin and Chinese President Xi Jinping. 

‘He wants to meet. And we’re setting it up,’ he told reporters during a press conference from his Mar-a-Lago club regarding Putin. ‘President Xi – we’ve had a lot of communication. We have a lot of meetings set up with a lot of people. 

‘I’d rather wait until after the 20th,’ he added in reference to his inauguration date later this month.

‘President Putin wants to meet,’ Trump added. ‘We have to get that war over.’

Trump pointed to the ‘staggering’ casualty rates endured by both Russia and Ukraine and suggested the number of civilian casualties was also likely to be considerably higher than what has been reported. 

The Kremlin confirmed Trump’s comments on Friday and said it was ready ‘to resolve problems through dialogue,’ reported Russian news agency Tass.

The Trump-appointed special envoy for Ukraine and Russia, Gen. Keith Kellogg, told Fox News Digital that he has set a goal to end the war in Ukraine within 100 days of taking up the top job. 

Kellogg described the war as ‘carnage’ but said he was confident that Trump can end the war in the ‘near term.’

The retired three-star general told Fox News’ ‘America Reports’ on Thursday that he and Trump are going to make sure the cease-fire agreement is ‘fair’ and ‘equitable,’ though he did not detail what this means as far as withdrawing Russian forces from Ukraine’s internationally recognized borders. 

Trump has not detailed how he intends to end the three-year-long war, though he suggested he could support Putin’s demand that Ukraine be barred from entering the NATO alliance, and told reporters Thursday he ‘could understand [Putin’s] feeling about’ not wanting NATO ‘on their doorstep.’

Prior to its invasion of Ukraine, Moscow already had four nations on its borders that were members of the international security alliance, including Estonia, Latvia, Lithuania and Poland. Finland then joined NATO in 2023, applying for membership just 3 months after the Feb. 22, 2022 invasion. 

Moscow and Kyiv have made clear that stipulations surrounding Ukraine’s NATO membership are non-negotiable. 

Trump did not detail when he could meet with the Chinese president, and it remains unclear if Xi has plans to meet personally with him.

Trump reportedly invited Xi to his inauguration ceremony, though Beijing said it would instead send a top-level envoy, which is more inline with tradition. 

In his final meeting with President Biden in November, Xi had expressed a willingness to work with the former and soon-to-be president of the United States.

However, Trump, who once said he and Xi ‘love each other,’ in late-November promised to hit China with 60% tariffs and then this week said he would consider using military action to seize the Panama Canal, which the U.S. returned to Panama in 1979 before then ending its partnership over control of the strategic thoroughfare in 1999.

‘The Panama Canal is vital to our country and its being operated by China – China. We gave the Panama Canal to Panama – we didn’t give it to China,’ he added. 

Fox News Digital could not immediately reach the Panama Embassy in Washington, D.C., for comment.

The Trump transition team did not respond to questions by Fox News Digital over concerns of sparking a military confrontation with China in Panama. 

This post appeared first on FOX NEWS

In oral arguments before the Supreme Court Friday, lawyers for the Biden administration reiterated their argument that TikTok’s Chinese ownership poses a ‘grave’ national security risk for American users.

U.S. Solicitor General Elizabeth Prelogar cited risks that China could weaponize the app, including by manipulating its algorithm to prioritize certain content or by ordering parent company ByteDance to turn over vast amounts of user data compiled by TikTok on U.S. users.

‘We know that the PRC has a voracious appetite to get its hands on as much information about Americans as possible, and that creates a potent weapon here,’ Prelogar said. ‘Because the PRC could command ByteDance [to] comply with any request it gives to obtain that data.’

‘TikTok’s immense data set would give the PRC a powerful tool for harassment, recruitment and espionage,’ she added. 

[Oral arguments began shortly after 10 a.m. Stay here for live updates as the proceedings unfold.]

Earlier in oral arguments when TikTok was presenting its case, justices on the bench as a whole appeared skeptical of the company’s core argument, which is that the law is a restriction of speech.

‘Exactly what is TikTok’s speech here?’ Justice Clarence Thomas asked in the first moments of oral arguments, in an early sign of the court’s apparent doubt that the law is in fact a First Amendment violation. 

Noel Francisco, TikTok’s lawyer, sought to frame the case Friday primarily as a restriction on free speech protections under the First Amendment, which the company argues applies to TikTok’s U.S.-based incorporation.

First Amendment protections must be considered under strict scrutiny, which requires the government to meet a higher burden of proof in passing a law. More specifically, the law must be crafted to serve a compelling government interest and be narrowly tailored to achieve that interest— a test TikTok says the law fails to meet.

It’s a difficult legal test to satisfy in court. But the U.S. Court of Appeals for the District of Columbia Circuit used it last month in considering the divestiture law, and still voted to uphold it— meaning that justices could theoretically consider the case under strict scrutiny and still opt to uphold the law— and the looming Jan. 19 ban.

Justice Sonia Sotomayor noted Friday that the case before them appears to be the first one to be heard by the court centered directly on the ownership of a platform or app, rather than speech.

The liberal justice also questioned whether the court might consider the divestiture requirement under the law as a data control case, not properly a free-speech issue, as TikTok’s legal team has sought to frame it.

Weighing the case as a data control case would trigger a lower level of scrutiny— a point that Francisco also acknowledged.

Francisco told justices in oral arguments Friday that the U.S. government has ‘no valid interest in preventing foreign propaganda,’ and that he believes the platform and its owners should be entitled to the highest level of free speech protections under the U.S. Constitution.

Francisco told Chief Justice John Roberts that he believes the court should grant TikTok First Amendment protections because it is operating as a U.S.-incorporated subsidiary. 

The TikTok attorney was also grilled over the Chinese government’s control over the app, and ByteDance’s control over the algorithm that shows certain content to users.

Asked by Justice Neil Gorsuch whether some parts of the recommendation engine are under Chinese control, Francisco said no.
‘What it means is that there are lots of parts of the source code that are embodied in intellectual property, that are owned by the Chinese government’ and which a sale or divestiture would restrict, he said.  ‘It doesn’t alter the fact that this is, being operated in the United States by TikTok incorporated.’

Unless justices intervene, or TikTok’s owners agree to sell, the app will be barred from operating in the U.S. by Jan. 19.
Oral arguments center on the level of First Amendment protections that should be granted to TikTok and its foreign owner, ByteDance.

This is not the first time the Supreme Court has grappled with whether or not full First Amendment protections should be extended to foreign speakers. In previous cases, they have ruled that speech by a foreign government or individuals is not entitled to the full protections. 

The Biden administration, for its part, will argue that the law focuses solely on the company’s control of the app, which attorneys for the administration argue could pose ‘grave national security threats’ to Americans rather than its content. 

Lawyers for the administration will also argue that Congress did not impose any restrictions on speech, much less any restrictions based on viewpoint or on content, and therefore fails to satisfy the test of free speech violations under the First Amendment. 

The court’s decision could have major ramifications for the roughly 170 million Americans who use the app. 

Justices agreed in December to hold the expedited hearing and will have just nine days to issue a ruling before the ban takes place on Jan. 19. 

This post appeared first on FOX NEWS

Microsoft is cutting a small percentage of jobs across departments, based on performance, the company confirmed to CNBC on Wednesday.

“At Microsoft we focus on high-performance talent,” a Microsoft spokesperson said in an email to CNBC on Wednesday. “We are always working on helping people learn and grow. When people are not performing, we take the appropriate action.”

Business Insider reported on the plans late Tuesday.

The job cuts will affect less than 1% of employees, said a person familiar with the matter who asked not to be named in order to discuss private information.

Microsoft had 228,000 employees at the end of June. While the company’s net income margin of nearly 38% is close to its highest since the early 2000s, Microsoft’s stock underperformed its peers last year, rising 12% while the Nasdaq gained 29%.

Microsoft’s latest cuts are slim compared with recent downsizing efforts.

In early 2023, the company laid off 10,000 employees and consolidated leases. In January 2024, three months after completing the $75.4 billion Activision Blizzard acquisition, Microsoft’s gaming unit shed 1,900 jobs to reduce overlap.

As 2025 begins, Microsoft faces a more tenuous relationship with artificial intelligence startup OpenAI, which the company has backed to the tune of more than $13 billion. The partnership helped propel Microsoft’s market cap past $3 trillion last year.

Over the summer, Microsoft added OpenAI to its list of competitors. Microsoft CEO Satya Nadella used the phrase “cooperation tension” while discussing the relationship with investors Brad Gerstner and Bill Gurley on a podcast released last month.

Meanwhile, the Microsoft 365 Copilot assistant, which draws on OpenAI technology, has yet to become pervasive in business. Analysts at UBS said in a note last month that they came away from Microsoft’s Ignite conference with the impression that Copilot rollouts “have been a bit slow/underwhelming.”

Microsoft is still touting its growth opportunities. Finance chief Amy Hood said in October that revenue growth from Microsoft’s Azure cloud will speed up in the first half of this year because of greater AI infrastructure capacity.

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