A federal appeals court panel on Friday unanimously upheld a law that could lead to a TikTok ban in the U.S. within months, delivering a significant blow to the social media giant as it fights for survival.
The U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s petition to overturn the law, which requires the platform to sever ties with its China-based parent company ByteDance or face a ban by mid-January. TikTok had argued the law violated the First Amendment and other constitutional protections.
“The First Amendment safeguards free speech in the U.S.,” wrote Judge Douglas Ginsburg in the court’s opinion. “Here, the Government acted to protect that freedom from foreign adversaries and their ability to collect sensitive U.S. data.”
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TikTok and ByteDance are expected to appeal to the Supreme Court, though it remains unclear whether the court will hear the case.
“The Supreme Court has a strong history of protecting free speech, and we trust it will uphold this vital constitutional principle,” TikTok spokesperson Michael Hughes said. He criticized the law as censorship based on “flawed and hypothetical information” that could silence millions of U.S. users by January 19, 2025.
Signed by President Biden in April, the law reflects years of concerns in Washington over TikTok’s national security risks due to its links to China. Officials have warned that ByteDance’s ties to the Chinese government could allow access to U.S. user data or manipulation of TikTok’s proprietary algorithm to influence content.
Attorney General Merrick Garland praised the ruling, calling it a step toward preventing foreign adversaries from exploiting TikTok for data collection and propaganda. Similar concerns were echoed by the European Union, which is investigating alleged misuse of TikTok by Russia during Romania’s elections.
TikTok maintains it has never provided user data to the Chinese government and has invested over $2 billion in U.S. data protections. The company claims the law is based on speculative risks and says divestment is commercially and technologically unfeasible, especially without its algorithm, which Chinese authorities could block from inclusion in any sale.
The case has sparked wider debates about free speech and foreign ownership of digital platforms. Advocacy groups, including the Knight First Amendment Institute, have criticized the decision, while lawmakers who championed the legislation celebrated the ruling.
Rep. John Moolenaar, chair of the House Select Committee on China, expressed optimism about facilitating a U.S. takeover of TikTok. Democratic Rep. Raja Krishnamoorthi, a co-author of the law, called on ByteDance to comply.
TikTok’s legal battle continues, with both sides eyeing the Supreme Court as the next pivotal step in this high-stakes conflict over free speech, national security, and the future of one of the world’s most popular social media platforms.
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