TikTok’s bid to overturn a law that could lead to its ban in the United States suffered a significant blow on Friday. A U.S. appeals court upheld the legislation, dismissing TikTok’s claims that the law violates constitutional protections under the First and Fifth Amendments. The decision pushes TikTok closer to a critical deadline: by January 19, 2025, its Chinese parent company, ByteDance, must sell the platform to a Non-Chinese owner, or U.S. app stores and internet providers will face penalties for hosting TikTok.
In response, TikTok announced plans to appeal. Michael Hughes, a company spokesperson, emphasized the platform’s commitment to protecting its users’ rights. “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” he said. Hughes criticized the law as being based on “inaccurate, flawed, and hypothetical information,” warning that it could result in “outright censorship” and silence the voices of 170 million U.S. users.
The legislation, signed into law by President Joe Biden in April, stems from concerns over ByteDance’s ties to the Chinese government. Lawmakers fear the company could be forced to share user data or manipulate TikTok’s algorithm to spread propaganda. U.S. government lawyers argued that divesting TikTok from ByteDance was essential to national security, citing the platform’s massive influence and reach.
The court largely sided with Congress and the government, stating the law “narrowly” targets TikTok’s China connections without suppressing content. “What the Act targets is the PRC’s ability to manipulate the content covertly,” the ruling read, aligning the legislation with the First Amendment.
Critics, including the ACLU, have voiced strong opposition. Patrick Toomey of the ACLU’s National Security Project called the ruling “a flawed and dangerous precedent,” arguing it undermines free speech. TikTok users, too, reacted with dismay, fearing the implications for creativity and livelihoods tied to the platform.
ByteDance has shown no intention of selling TikTok, raising the stakes as the deadline approaches. If the law takes effect, it could significantly alter the social media landscape, benefiting competitors like Meta and YouTube while disrupting content creators and businesses reliant on TikTok.
Adding complexity to the debate, President-elect Donald Trump, set to take office one day before the potential ban, has sent mixed signals. While Trump initially sought to ban TikTok during his first term, he recently declared opposition to such a move, arguing it would benefit rivals like Facebook. Whether Trump could or would reverse the law remains uncertain.
With legal appeals pending and political dynamics shifting, the battle over TikTok’s future underscores broader tensions between free expression, national security, and geopolitical competition. As Jasmine Enberg, an analyst at eMarketer, noted, the ruling is “a major setback, but not yet the end of the road for TikTok.” For now, the clock is ticking toward a decision that could reshape the digital landscape in the U.S. and beyond.
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