By Redaccion
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A federal appeals court panel on Friday unanimously upheld a law requiring TikTok to either sever ties with its China-based parent company, ByteDance, or face a U.S. ban.
The ruling delivers a significant blow to the popular social media platform as it fights to maintain its presence in the country.
The U.S. Court of Appeals for the District of Columbia Circuit rejected TikTok’s petition to overturn the statute, which mandates compliance by mid-January, and dismissed the platform’s arguments that the law violates the First Amendment.
“The First Amendment exists to protect free speech in the United States,” wrote Judge Douglas Ginsburg in the court’s opinion. “Here, the government acted solely to safeguard that freedom from a foreign adversary and to prevent that adversary from collecting data on U.S. citizens.”
TikTok and ByteDance, co-plaintiffs in the lawsuit, are expected to appeal the ruling to the Supreme Court. However, it remains uncertain whether the high court will agree to hear the case.
“The Supreme Court has a long history of defending Americans’ free speech rights, and we anticipate it will uphold this vital constitutional principle,” TikTok spokesperson Michael Hughes said in a statement.
Hughes criticized the law, calling it “based on inaccurate and hypothetical information,” and warned that it could lead to “the silencing of over 170 million Americans” on January 19, 2025, when the ban is set to take effect.
A Potential Reprieve from the White House?
While the legal battle moves through the courts, TikTok and ByteDance could potentially receive relief from President-elect Donald Trump. During his campaign, Trump reversed his stance on banning TikTok, despite having attempted to do so during his first term.
The law, signed by President Joe Biden in April, culminates years of bipartisan scrutiny in Washington over TikTok, which officials have labeled a national security threat due to its ties to China.
The U.S. government has raised concerns about TikTok’s collection of user data, including sensitive information on viewing habits, which it fears could be accessed by the Chinese government. Additionally, officials have warned that the app’s proprietary algorithm could be exploited by Beijing to manipulate content, a concern echoed by the European Union, which is investigating TikTok’s role in Romania’s elections.
Legal and Political Arguments
TikTok has denied accusations that it could be used by Beijing to spy on or manipulate U.S. citizens. The company has pointed out the lack of evidence presented by the U.S. government to support such claims. It has also argued that the law relies on speculative risks and undermines constitutional protections.
The Justice Department has countered, citing unspecified past actions allegedly taken by TikTok and ByteDance in response to demands from the Chinese government.
Friday’s decision follows oral arguments heard in September by a three-judge panel, comprising two Republican and one Democratic appointees. All three judges ruled against TikTok’s petition, with Judge Ginsburg rejecting claims that the law violated the Fifth Amendment or constituted an unlawful bill of attainder.
Ginsburg noted that the government’s aim was not to censor content but to address national security concerns. “Content on the platform could remain unchanged after divestiture, and Americans would still be free to consume and share PRC propaganda or any other material on TikTok or other platforms,” he wrote, using the abbreviation for the People’s Republic of China.
Chief Judge Sri Srinivasan issued a concurring opinion.
Broader Implications
TikTok’s lawsuit was consolidated with cases filed by several content creators, who argue the law infringes on their First Amendment rights. Advocacy groups, including the Knight First Amendment Institute, have also submitted briefs supporting TikTok.
“This misguided ruling narrows important First Amendment precedents and grants the government sweeping authority to limit Americans’ access to global information,” said Jameel Jaffer, executive director of the Knight Institute.
On Capitol Hill, lawmakers who supported the legislation celebrated the court’s decision.
“I am optimistic that President Trump will facilitate an American takeover of TikTok,” said Rep. John Moolenaar, R-Mich., chairman of the House Select Committee on China.
Rep. Raja Krishnamoorthi, D-Ill., co-author of the law, stated, “It’s time for ByteDance to comply.”
TikTok’s Investments and Future
In response to national security concerns, TikTok has reportedly invested over $2 billion to enhance protections for U.S. user data. The company claims it provided the Biden administration with a draft agreement two years ago to address these issues but blames the government for walking away from negotiations.
TikTok attorneys argue that divestiture would be technologically and commercially unfeasible. They warn that selling TikTok without its algorithm—likely blocked by Beijing under any deal—would isolate the U.S. version of the app from global content.
Meanwhile, potential buyers, including former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest in acquiring TikTok’s U.S. operations. A spokesperson for McCourt’s Project Liberty initiative recently revealed that informal commitments exceeding $20 billion have been made by unnamed participants in their bid.
For now, TikTok’s future in the U.S. remains uncertain as the legal battle and political negotiations continue to unfold.
