TikTok's future in the United States became more uncertain on Friday after a federal appeals court dismissed a legal challenge to a law requiring the social media platform to sever ties with its China-based parent company, ByteDance, or face a potential ban by mid-January.
A panel of three judges from the U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously that the law was constitutional, rejecting arguments from TikTok and ByteDance. The companies had claimed that the law violated their rights and the rights of TikTok users in the U.S.
The ruling means that the U.S. government’s stance remains firm: it demands that ByteDance divest its stakes in TikTok. However, both TikTok and ByteDance have expressed their intentions to continue fighting the legal battle.
What Does the Ruling Mean? In their legal challenge, TikTok and ByteDance argued that the law infringed on the First Amendment, claiming it was an unconstitutional bill of attainder unfairly targeting them. The court, however, sided with the Justice Department, which argued that the law was a necessary step to address national security risks.
The government has raised concerns that TikTok, through its connection with China, could be forced by Chinese authorities to share data on U.S. users or manipulate content. However, U.S. officials have yet to provide specific instances of these concerns materializing.
Judge Douglas Ginsburg, who wrote the opinion, explained that the law was designed to address control by foreign adversaries and was narrowly tailored to avoid unconstitutional overreach. The court also ruled that the law did not violate the First Amendment, emphasizing that the government's actions were not aimed at restricting content on the platform.
What Happens Next? TikTok and ByteDance are expected to appeal to the U.S. Supreme Court, but it is unclear whether the court will take up the case. TikTok has indicated it is preparing to make its case to the Supreme Court, highlighting the historical importance of free speech protections in the U.S.
Legal experts, such as Alan Morrison, a professor at George Washington University, believe the Supreme Court may agree to hear the case due to the novel legal questions it presents. If the case proceeds, TikTok and ByteDance will need to convince the court to block the government's January divestiture deadline.
TikTok Creators Weigh In Tiffany Cianci, a TikTok content creator, expressed her belief that the platform would have a stronger case at the Supreme Court. “I believe the next stages are more likely to produce a victory for TikTokers and for TikTok as a whole,” she said.
The Role of President Trump Another potential complication is the position of President-elect Donald Trump, who previously sought to ban TikTok during his first term but now opposes such action. After taking office in January, Trump’s Justice Department would be responsible for enforcing the law. However, Trump could exercise discretion and refrain from enforcing the law, leaving tech companies like Apple and Google in a difficult position.
Some have speculated that Trump might invoke provisions of the law to seek an American ownership of TikTok or encourage Congress to repeal it, though this would require support from Republicans who have largely supported efforts to separate TikTok from its Chinese parent company.
The Possibility of a Sale Although ByteDance has insisted it will not sell TikTok, the issue remains a point of contention. Even if ByteDance were willing to sell, Chinese export controls on the algorithm that powers TikTok could block such a sale. Without the algorithm, the platform's appeal as a cultural powerhouse might be greatly diminished.
Despite these challenges, some investors, including former U.S. Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have shown interest in purchasing TikTok. McCourt’s Project Liberty initiative recently announced informal commitments of over $20 billion in capital to back the bid.
Tech Giants and Investors Brace for TikTok’s Legal Battle Outcome