The U.S. Court of Appeals for the District of Columbia has upheld a law that could ban TikTok in the U.S. by mid-January unless its Chinese parent company, ByteDance, divests its stake in the platform. This decision escalates the legal battle, likely bringing the case to the Supreme Court before the law’s enforcement date of January 19, 2025.
The ruling
The court rejected TikTok’s argument that the law infringes on free speech and other constitutional rights. In its ruling, the judges emphasized that the law addresses national security concerns, particularly the risk of Chinese government influence through data collection or content manipulation.
Attorney General Merrick Garland praised the decision. The ruling acknowledged the challenges TikTok users might face but framed the burden as stemming from China’s “hybrid commercial threat” to U.S. security.
TikTok’s reaction
TikTok, which has over 150 million U.S. users, strongly opposes the ruling. The company’s spokesperson argued the ban would stifle free speech and rely on “flawed, speculative concerns.” TikTok plans to appeal to the Supreme Court, confident in its ability to protect Americans’ rights to free expression.
ByteDance contends that divesting TikTok is neither feasible nor practical, citing technical complexities tied to the app’s algorithm. Meanwhile, the Chinese government has vowed to block any forced sale, further complicating compliance.
Political and national security context
Lawmakers from both parties have expressed concerns about TikTok’s potential to compromise national security. Critics argue that Chinese intelligence laws could require ByteDance to hand over data or influence platform content.
Interestingly, President-elect Donald Trump, who supported a ban during his previous term, has reversed his stance and expressed intentions to “save” TikTok. This shift adds uncertainty to how his administration will handle the law when he takes office on January 20.
