A U.S. federal appeals court issued a ruling on Friday supporting legislation that mandates the Chinese parent company of TikTok to sell the app or risk its prohibition in the United States.
The three-judge panel from the D.C. Circuit Court of Appeals determined that the law does not infringe upon the First Amendment, countering TikTok’s primary argument. This ruling moves the app closer to a potential ban, with just weeks remaining until the law’s implementation.
Biden administration’s national security concerns sway ruling against TikTok
In its opinion, the court stated, “The First Amendment safeguards free speech within the United States. In this instance, the government acted to defend that freedom by addressing concerns about a foreign adversary’s capacity to gather data on American citizens. On these grounds, the petitions are denied.”
Congress fast-tracked the divest-or-ban legislation earlier this year due to bipartisan concerns over ByteDance, TikTok’s China-based parent company. President Biden signed the measure into law in April.
The law provides ByteDance until January 19 to divest from TikTok or face a ban on U.S. platforms and app stores. Alternatively, Biden could grant the company a 90-day extension to facilitate the process.
TikTok and ByteDance filed a lawsuit in May, alongside content creators, challenging the law’s constitutionality and arguing that divestment was nearly unfeasible. They claimed the law effectively bans TikTok nationwide, violating users’ rights.
The Biden administration countered, asserting that TikTok could serve as a tool for the Chinese government to jeopardize U.S. national security, an argument the court found persuasive in its ruling.
The court’s decision emphasized the national security concerns, stating, “If TikTok fails to execute a divestiture by January 19, 2025—or if no extension is granted by the President—it will likely become inaccessible in the United States, at least temporarily.”
The opinion further clarified, “This disruption stems from the PRC’s commercial threat to U.S. security, not from the government, which worked with TikTok for years to seek alternative solutions.”
While the ruling marks a big win for the Biden administration, the fate of the law remains uncertain with President-elect Trump set to take office soon.
During his previous term, Trump initiated similar efforts to ban TikTok but has since shifted his perspective, arguing that such actions could benefit Facebook and its CEO, Mark Zuckerberg.
In September, Trump encouraged voters to support him, promising to “save TikTok” on the campaign trail. Reports from The Wall Street Journal suggest that TikTok CEO Shou Zi Chew has sought advice from Elon Musk, a Trump ally, regarding the potential challenges under the new administration.
