TikTok’s attempt to challenge a law that could force it to be banned or sold in the US by early 2025 has been rejected by a federal appeals court
The company argued the law was unconstitutional, claiming it had a “staggering” impact on the free speech rights of its 170 million US users.
However, the court upheld the law, describing it as the result of “extensive, bipartisan action” by Congress and successive presidents. TikTok has announced plans to escalate the case to the US Supreme Court, the nation’s highest legal authority.
The US government has called for TikTok to be sold or banned due to alleged ties between its parent company, ByteDance, and the Chinese state—claims the company has consistently denied. The court supported the law, stating it was “carefully crafted to address control by a foreign adversary” and formed part of a broader strategy to counter national security threats from the People’s Republic of China.
TikTok maintains its legal fight is far from over. A spokesperson said the Supreme Court has a strong track record of defending free speech and expressed confidence it would rule in their favor. The company criticized the law as being based on “inaccurate, flawed, and hypothetical information,” warning that a ban would infringe on US citizens’ rights.
The outcome of the legal battle may also hinge on political developments. President-elect Donald Trump, who will take office on January 20—the day after the law’s enforcement deadline—previously indicated he would prevent a TikTok ban if elected. Although Trump unsuccessfully attempted to ban the app in 2020, his recent campaign suggested a softer stance on the issue.
Still, experts caution that reversing the law may be challenging. Professor James Grimmelmann of Cornell University noted that anti-China sentiment in Congress remains strong, with bipartisan support for restricting TikTok. “The president-elect would be swimming upstream to give TikTok a reprieve,” he said.
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