TikTok’s attempt to overturn a law that could lead to its ban or sale in the US by early 2025 has been denied.
The social media giant argued before a federal appeals court that the law was unconstitutional, claiming it would have a “staggering” impact on the free speech rights of its 170 million US users. However, the court upheld the law, calling it the result of “extensive, bipartisan action by the Congress and by successive presidents.”
Despite this setback, TikTok plans to bring the case before the US Supreme Court, emphasizing that the court has a history of defending Americans’ free speech rights. “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. The company also argued that the law was founded on “inaccurate, flawed and hypothetical information” and would effectively censor US citizens.
The US government wants TikTok banned or sold due to what it claims are ties between the app’s Chinese parent company, Bytedance, and the Chinese government—allegations that TikTok and Bytedance have consistently denied. The court affirmed that the law was “carefully crafted to deal only with control by a foreign adversary,” noting it was part of a broader effort to combat a significant national security threat posed by the People’s Republic of China.
A potential change in US leadership could impact TikTok’s fate. Donald Trump, who won the 2024 presidential election, had attempted to ban TikTok during his first term in 2020. However, he stated in the lead-up to the November elections that he would not allow the ban to be enforced. Trump is set to be inaugurated on January 20, a day after the law mandates TikTok’s divestiture or prohibition. Whether he will follow through on this promise remains uncertain.
James Grimmelmann, a professor at Cornell University, pointed out that Trump may face considerable challenges in reversing the law. “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.
