TikTok has taken a major hit in its ongoing legal battle to prevent a potential ban in the United States. On Friday, a U.S. appeals court upheld a controversial law that could see the platform banned or forced to divest its operations from its Chinese parent company, ByteDance. The decision comes as a significant blow to the popular social media platform, which had hoped to strike down the law, arguing that it violated constitutional protections related to free speech and equal protection under the law.
The ruling from the U.S. Court of Appeals for the District of Columbia Circuit dismissed TikTok’s claim that the law was unconstitutional. The court found that the law did not contravene the First Amendment, which guarantees freedom of speech, nor did it violate the Fifth Amendment, which ensures equal protection under the law. With this decision, TikTok now faces the very real possibility of being banned in the United States unless it can convince ByteDance to sell the platform to a non-Chinese owner, something that ByteDance has previously resisted.
The law at the center of the legal battle was signed into effect by President Joe Biden in April 2024. It mandates that TikTok must either be sold to a new owner based outside of China or face a ban in the U.S. by January 19, 2025. If the company is unable to secure a sale or divest its operations by the deadline, U.S. app stores and internet services could face substantial fines for continuing to host TikTok. Although the legislation includes a provision that allows President Biden to grant a one-time extension of the deadline, TikTok now has limited time to secure a solution.
In response to the court’s ruling, TikTok has indicated its intention to appeal the decision. The company issued a statement emphasizing that it expects the U.S. Supreme Court to uphold Americans’ right to free speech, citing the historical precedence for protecting such rights. TikTok’s spokesperson, Michael Hughes, criticized the law as a form of “outright censorship” that could silence over 170 million American users. According to TikTok, the push for a ban is based on inaccurate, flawed, and hypothetical information, and it warns that the ban could harm users globally.
ByteDance, TikTok’s Chinese parent company, has made it clear that it is not interested in selling the platform. This position has remained unchanged despite increasing pressure from U.S. lawmakers and national security officials who have expressed concern that TikTok could be used to surveil American users or promote Chinese government propaganda.
The roots of the conflict go back to years of growing national security concerns in the U.S. Over the past several years, lawmakers have feared that ByteDance could potentially share TikTok user data with the Chinese government. There have also been worries that the Chinese government might influence TikTok’s algorithm to spread propaganda or sway political opinions. As a result, President Biden signed the law requiring TikTok’s divestment or ban.
TikTok, in turn, filed a lawsuit in May 2024 to block the law, arguing that it infringed upon free speech protections. The company contended that the law unfairly targeted TikTok, singling it out for its Chinese ownership while ignoring similar concerns surrounding other social media platforms. The case was consolidated with claims from individual TikTok creators, further highlighting the wide-reaching impact of the potential ban on content creators and influencers.
In a hearing earlier this year, U.S. government attorneys argued that ByteDance controls TikTok’s algorithm and could be used to influence U.S. users, including spreading misinformation or propaganda. The appeals court ruling on Friday largely sided with the U.S. government’s position, agreeing that Congress and multiple U.S. presidents had determined that TikTok’s connection to China threatened national security. The court acknowledged the platform’s role in enabling free expression but stated that the law’s focus on removing Chinese control of the platform was necessary to protect U.S. interests.
The judges wrote that the legislation “narrowly” targeted the issue of TikTok’s ties to China, stating that it did not suppress content or require a specific type of content to be shared. The court emphasized that people in the U.S. would still be free to access and share whatever content they desired on TikTok, or any other platform of their choice. The law, the court stated, was not aimed at curbing free speech but rather at preventing the Chinese government from covertly manipulating content on the platform.
The ruling also addressed the proposed deal between TikTok and U.S. national security officials, which TikTok hoped would resolve data privacy and national security concerns. TikTok had claimed that the draft deal would have addressed these issues but was frustrated when U.S. officials suddenly terminated negotiations and moved forward with legislation. In their ruling, the judges sided with the U.S. government, stating that the government had the authority to determine whether the proposed deal was sufficient to alleviate national security concerns.
The decision has drawn mixed reactions from both TikTok’s supporters and critics. Emarketer analyst Jasmine Enberg described the ruling as a “major setback” for TikTok, but she noted that the company still had the option to appeal the decision to the Supreme Court. If the appeal fails and the ban is enforced, Enberg predicted major upheaval in the social media landscape, benefiting competitors like Meta, YouTube, and Snap, while potentially harming content creators and small businesses that rely on TikTok to reach audiences and generate income.
Civil rights advocates have also weighed in, with the American Civil Liberties Union (ACLU) condemning the ruling. Patrick Toomey, deputy director of the ACLU’s National Security Project, argued that the ruling sets a dangerous precedent by allowing the government to shut down an entire communications platform without clear evidence of imminent harm. According to Toomey, the ban would violate the First Amendment rights of millions of Americans who use TikTok for self-expression and communication.
TikTok users themselves have expressed frustration and concern following the ruling. Some users posted videos on the platform, voicing their opposition to the ban and expressing fears about the impact it would have on the app’s community. One user remarked, “This is nuts,” while another added, “I still have my hopes that TikTok will not get banned in the United States, but right now, it doesn’t look good.”
The legal battle is not only of significant concern to TikTok and its millions of users but also to former President Donald Trump, who initially sought to ban the app during his presidency. While Trump’s administration pushed for a ban, Trump has since distanced himself from the issue. In March 2024, he publicly opposed a TikTok ban, claiming it would strengthen its rival Facebook, and in June, he stated that he would “never ban TikTok.” However, it remains unclear whether he could undo or sidestep the current law if he were to return to office in 2025.
As the legal proceedings continue, the future of TikTok in the U.S. remains uncertain. If the ban takes effect, it will mark a significant moment in the ongoing debate over national security, free speech, and the role of foreign-owned technology companies in American life.