TikTok has lost its challenge to a law that could lead to its ban in the United States. A U.S. appeals court upheld the law on Friday, rejecting TikTok’s claim that it was unconstitutional.
The court ruled that the law does not violate the First or Fifth Amendments, allowing the government to pursue its goal of divesting TikTok from its Chinese parent company, ByteDance.
The decision brings TikTok closer to facing a U.S. ban starting on January 19, 2025, unless ByteDance agrees to sell the platform. After this deadline, U.S. app stores and internet services could face significant fines for hosting TikTok, though President Biden could grant a one-time extension. TikTok has announced plans to appeal the ruling.
TikTok spokesperson Michael Hughes expressed confidence that the U.S. Supreme Court would protect free speech rights, arguing that the law was based on inaccurate information. He warned that the ban could silence over 170 million U.S. users. ByteDance has previously stated it will not sell TikTok.
The law, signed by President Biden in April, mandates the sale of TikTok to a non-Chinese owner or a ban, citing concerns that ByteDance could share user data with the Chinese government or use the platform to spread propaganda. TikTok filed a lawsuit in May to block the law, claiming it violated free speech and unfairly targeted the platform. The case was consolidated with claims from TikTok creators.
In the September hearing, U.S. government lawyers argued that TikTok’s algorithm could be manipulated by ByteDance to influence American users. The court agreed, stating that national security concerns justified the law, which focuses on TikTok’s connection to China, rather than censoring content. The ruling emphasized that Americans would still be free to access content of their choice, including Chinese propaganda, but the law targets China’s ability to manipulate content covertly.
The judges dismissed TikTok’s objections, stating that the company’s defense of its data practices did not address the larger security concerns. A key issue had been a proposed deal between TikTok and U.S. officials, which TikTok argued was abandoned after months of negotiations. The court sided with the government, stating that the draft deal did not sufficiently address the security risks.
Jasmine Enberg, principal analyst at eMarketer, described the ruling as a significant setback for TikTok, but noted that it was not the end. If TikTok’s appeal is unsuccessful and the ban is enforced, competitors like Meta, YouTube, and Snap could benefit, while content creators and small businesses reliant on the platform could be harmed.
The ACLU’s Patrick Toomey criticized the ruling, stating that banning TikTok would violate First Amendment rights of millions of users and set a dangerous precedent. TikTok users quickly reacted, expressing concern over the ban and the potential loss of the platform.
If TikTok is unable to resolve the situation, the ban could take effect just before the inauguration of President-elect Donald Trump, who previously attempted to ban the app. Although Trump has since expressed opposition to the ban, stating it would benefit Facebook and Meta CEO Mark Zuckerberg, it remains unclear whether he can undo the law or find a way around it.