plowunited.net – TikTok faces a major hurdle in its fight to avoid a nationwide ban in the United States. On Friday, a US appeals court upheld a law mandating that ByteDance. TikTok’s Chinese parent company, sell its ownership stake or see the platform banned by January 19, 2025. The court dismissed TikTok’s claims that the legislation violated the First and Fifth Amendments of the US Constitution. Affirming that the law neither infringes free speech rights nor denies equal protection.
If ByteDance refuses to divest, US app stores and internet providers could face hefty penalties for hosting TikTok beyond the deadline. While President Joe Biden holds the authority to grant a one-time deadline extension, the platform’s future remains precarious.
In response, TikTok announced plans to escalate its legal battle. “The Supreme Court has consistently protected Americans’ free speech rights, and we trust they will do so here,” said Michael Hughes, TikTok’s spokesperson. He criticized the ban as “flawed censorship” that could silence the voices of over 170 million US users.
ByteDance has resisted selling TikTok, even as US lawmakers cite national security risks. Concerns center on potential data-sharing with the Chinese government and fears that Beijing could manipulate TikTok’s algorithm to spread propaganda and sway public opinion.
TikTok’s lawsuit, filed in May, argued the law unfairly targets the platform and violates constitutional free speech rights. US government attorneys argued that ByteDance controls TikTok’s algorithm. Posing a significant risk by potentially weaponizing it to influence American users.
The appellate court sided with the government, emphasizing TikTok’s vast reach as a vulnerability. “Divesting control from the People’s Republic of China is crucial for national security,” the judges ruled.
This decision intensifies the standoff between TikTok’s global user base and escalating US national security concerns, leaving the platform’s fate uncertain.
US Court Backs Ban to Address National Security Concerns
The U.S. Court of Appeals ruling on Friday firmly supported Congress in crafting the TikTok legislation, stating that lawmakers acted within their constitutional powers and adhered to proper procedures. The court highlighted that the law specifically addresses concerns over TikTok’s ties to China without broadly suppressing content or mandating specific content mixes.
The judges emphasized that U.S. residents would still have the freedom to consume and share content, including propaganda from the People’s Republic of China (PRC), on TikTok or other platforms. However, the legislation aims to address the PRC’s covert influence and manipulation of content. “Understood in this way, the government’s justification aligns with the First Amendment,” the ruling stated.
TikTok’s objections to the government’s national security concerns were dismissed by the court. The judges criticized TikTok for what they described as merely disputing how U.S. officials characterized its data practices, noting that the company’s arguments failed to address the broader implications of the concerns.
A central issue in the case was a proposed agreement between TikTok and U.S. national security officials. TikTok argued that the deal would have adequately addressed security concerns, accusing the U.S. government of abandoning negotiations in bad faith to support the legislation signed by President Joe Biden. Government lawyers countered that the proposed deal fell short of mitigating the risks. The court sided with the government, stating it could not question officials’ judgment on the matter.
Jasmine Enberg, principal analyst at Emarketer, called the ruling a “major setback but not the final chapter for TikTok.” She noted that if TikTok’s appeal to the Supreme Court fails and the ban is enforced, it could significantly disrupt the social media landscape. Platforms like Meta, YouTube, and Snapchat could benefit, while creators and small businesses heavily reliant on TikTok could face challenges.
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Advocates Rally for TikTok Amid Legal Challenges
Patrick Toomey, deputy director of the ACLU’s National Security Project, sharply criticized the recent court ruling on TikTok, calling it a dangerous precedent. “This decision blatantly infringes upon the First Amendment rights of millions of Americans who use TikTok for self-expression and global communication,” Toomey stated. “The government cannot arbitrarily shut down an entire platform unless it presents an immediate and severe threat—something that hasn’t been proven in this case.”
TikTok users also voiced their discontent. One creator expressed concern about potential changes to the platform, saying, “I don’t want Mark Zuckerberg to own TikTok. That doesn’t make me feel better.” Despite rumors, there is no evidence suggesting Zuckerberg, who oversees Instagram Reels—a TikTok competitor—has plans to purchase TikTok. Such a move would likely face intense scrutiny from U.S. antitrust regulators.
Another user conveyed cautious optimism: “I still hope TikTok won’t be banned in the U.S., but the outlook isn’t promising right now.”
The looming ban aligns with the inauguration of President-elect Donald Trump. Ironically, Trump, who attempted to ban TikTok during his first term, has since softened his stance. In March, he publicly opposed a ban, arguing it would only benefit industry rival Facebook and its CEO, Mark Zuckerberg, whom Trump has accused—without evidence—of interfering in the 2020 presidential election. Trump even went so far as to threaten Zuckerberg with “life in prison.”
In June, Trump posted a TikTok video affirming his position: “I will never ban TikTok.” Despite this, it remains uncertain whether Trump could repeal or find a way around enforcing it.
