TikTok’s attempt to challenge a law that could force it to be sold or banned in the United States by early 2025 has been rejected.
The social media platform had argued before a federal appeals court that the law was unconstitutional, claiming it would have a “staggering” impact on the free speech of its 170 million U.S. users.
However, the court upheld the legislation, describing it as “the culmination of extensive, bipartisan action by Congress and successive presidents.”
The platform plans to escalate the case to the U.S. Supreme Court, the nation’s highest judicial authority.
The U.S. government is pushing for TikTok’s sale or ban due to alleged ties between its parent company, ByteDance, and the Chinese government—allegations that both TikTok and ByteDance have consistently denied.
The court sided with lawmakers, asserting that the law was “carefully crafted to address control by a foreign adversary” and was part of broader efforts to counter a “well-substantiated national security threat” posed by the People’s Republic of China (PRC).
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TikTok emphasized that the ruling does not mark the end of its legal battle.
“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,” a TikTok spokesperson said in a statement.
They argued that the law relied on “inaccurate, flawed, and hypothetical information,” and that implementing a ban would infringe on the free speech rights of U.S. citizens.
Donald Trump’s victory in the 2024 U.S. Presidential Election could potentially offer a reprieve for the app.
Although Trump’s attempt to ban TikTok during his first term in 2020 was unsuccessful, he stated during his campaign for the November election that he would block the enforcement of a TikTok ban. His inauguration on January 20—just one day after the law mandates TikTok be banned or sold—puts his commitment to this promise in the spotlight.
Whether he will act on his pre-election pledge remains uncertain.
Professor James Grimmelmann of Cornell University remarked that the president-elect would face significant challenges, describing the effort to save TikTok as “swimming upstream.”
“The anti-China sentiment in the US Congress is very strong, so there are now substantial constituencies in both parties that want TikTok to be restricted from the US market,” he told BBC News.
(BBC)
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