A federal appeals court has delivered a significant blow to TikTok’s efforts to remain operational in the United States. On Friday, December 6, 2024, a panel of three judges from the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld a law that could potentially ban the popular video-sharing app unless it is sold by its Chinese parent company, ByteDance15.
The court rejected TikTok’s argument that the law violates the First Amendment rights of its approximately 170 million American users. In the majority opinion, Senior Judge Douglas Ginsburg wrote, “The First Amendment exists to protect free speech in the United States. Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States”1.
This decision upholds the legislation signed by President Joe Biden in April 2024, which gives TikTok until January 19, 2025, to sever ties with ByteDance or face a ban in the United States9. The law targets app stores operated by Apple and Google, compelling them to remove TikTok from their platforms, and also prohibits web-hosting companies from supporting the app2.
The court’s ruling aligns with longstanding concerns raised by lawmakers and national security officials about TikTok’s ties to China. These concerns center around the potential for the Chinese government to use the app to spy on and collect data from American users or covertly influence the U.S. public by manipulating content1.
The judges acknowledged the significant implications of their decision, stating, “Consequently, TikTok’s millions of users will need to find alternative media of communication”1. However, they attributed this burden to the perceived threat from China rather than to the U.S. government’s actions.
TikTok has signaled its intention to appeal the ruling to the Supreme Court. A spokesperson for the company stated, “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”5.
The company maintains that a forced sale is not feasible, citing commercial, technological, and legal obstacles. TikTok has argued that the law is based on “speculative and analytically flawed concerns about data security and content manipulation”1.
The situation is further complicated by the upcoming change in administration. President-elect Donald Trump, who previously attempted to ban TikTok during his first term, has recently expressed opposition to the ban and vowed to “save” the app9. This stance introduces uncertainty about how the law will be enforced after he takes office.
If implemented, the ban would not immediately remove TikTok from users’ devices but would prevent updates, eventually rendering the app unusable9. This prospect has raised concerns among free speech advocates and creators who rely on TikTok for their livelihoods6.
The case also sets a precedent for how the U.S. government can regulate foreign-owned tech companies, potentially impacting the broader technology industry and international relations.
As the legal battle continues, TikTok’s future in the United States remains uncertain. The company faces the challenge of navigating complex legal, political, and technological landscapes while trying to maintain its significant user base in one of its largest markets.
