TikTok Ban Upheld by US Appeals Court

TikTok Ban Upheld by Federal Appeals Court

A unanimous decision has been reached by a federal appeals court, affirming a law that could lead to a prohibition of TikTok within the United States. This potential ban is contingent upon the social media platform severing its connections to Chinese ownership.

Lawsuit Dismissed

The ruling arrives seven months after TikTok initiated legal action against the federal government challenging the proposed ban. The appeals court’s judgment, delivered on Friday, refutes TikTok’s assertions that the law infringes upon the constitutional guarantees of free speech and individual freedoms.

The court’s opinion explicitly states, “The First Amendment is designed to safeguard free expression within the United States.” It further clarifies that the government’s actions were solely motivated by a desire to protect this freedom from potential interference by a foreign nation and to curtail that nation’s capacity for data collection on U.S. citizens.

TikTok's Response and Planned Appeal

TikTok has indicated its intention to appeal the decision to the Supreme Court. A spokesperson, Michael Hughes, conveyed this plan in a statement to TechCrunch.

Hughes stated, “The Supreme Court possesses a well-documented history of defending the rights of Americans to free speech, and we anticipate they will uphold these rights in this crucial constitutional matter.” He also expressed concern that “the TikTok ban originated from and was propelled by inaccurate, flawed, and speculative information, ultimately resulting in censorship of the American populace.”

Background of the Sell-or-Ban Law

President Biden enacted the sell-or-ban law in April, establishing a deadline of January 19 for ByteDance to divest the app or face a nationwide prohibition. This legislation followed four years of concerns raised by the U.S. government regarding the national security risks associated with TikTok’s ties to China and the potential exposure of sensitive American data to the Chinese government.

Implementation and Potential Delays

Although the ban’s provisions are scheduled to take effect next month, immediate removal of the app from the iOS App Store and Google Play Store is not guaranteed. ByteDance has signaled its intention to pursue the case before the Supreme Court.

Trump's Potential Influence

The potential return of President-elect Donald Trump to office introduces another variable, as he could choose to intervene. During his campaign, Trump pledged to preserve the widely used social media application should he be elected.

Kellyanne Conway, a former Trump advisor and campaign manager, recently shared with The Washington Post that Trump “recognizes the extensive reach of TikTok” and believes “there are numerous avenues to hold China accountable without alienating the app’s 180 million monthly U.S. users.”

Shifting Stances and Concerns About Meta

Despite initially advocating for a ban during his first term, Trump adopted a different stance during his 2024 campaign, expressing concerns that prohibiting TikTok could disproportionately benefit Meta.

Challenges to Divestment

ByteDance has publicly stated its unwillingness to sell its U.S. operations. Furthermore, even if a sale were considered, the Chinese government would likely impede it, requiring approval for the transfer of TikTok’s algorithms.

TikTok also argued in its lawsuit that a sale would present significant technological hurdles, requiring the relocation of “millions of lines of software code” to a new owner.

Global Bans

TikTok has already faced bans in several countries, including India, Senegal, Nepal, Afghanistan, Somalia, and Iran.

This report has been updated to include a statement from TikTok.