TikTok has lost its bid to block a law that could result in the platform being banned in the United States. A US appeals court upheld the law on Friday, ruling that it did not violate the First or Fifth Amendments of the US Constitution.
The ruling brings TikTok one step closer to facing a ban unless the platform can convince its Chinese parent company, ByteDance, to sell the app or find a buyer before the deadline of January 19, 2025.
TikTok had challenged the law, arguing that it infringed on the free speech of its 170 million American users. The platform’s spokesperson, Michael Hughes, said in a statement that TikTok would appeal the decision, emphasizing the company’s belief in the Supreme Court’s protection of Americans’ right to free speech. He also criticized the law for being based on “inaccurate, flawed and hypothetical information” and claimed that a ban would silence the voices of millions of Americans.
The law, which was signed by President Joe Biden in April, requires TikTok to be sold to a non-Chinese owner or face a ban in the US. Lawmakers have expressed concern that ByteDance could share user data with the Chinese government or use TikTok’s algorithm to spread propaganda. In its defense, TikTok argued that it has made efforts to address national security concerns, including negotiating with US officials for a potential solution. However, the court sided with the US government, finding that the national security risks posed by TikTok’s ties to China justified the law.
The ruling has been seen as a major setback for TikTok, but it is not the end of the road. If TikTok’s appeal to the Supreme Court fails, the ban could be enforced, significantly impacting the social media landscape in the US. Analysts predict that platforms like Meta, YouTube, and Snap could benefit, while content creators and small businesses that rely on TikTok would face challenges.
While TikTok’s supporters, including the ACLU, argue that the ban violates the First Amendment rights of users, the US government maintains that the law is a necessary measure to protect national security. The future of TikTok in the US remains uncertain, with both legal battles and potential changes in government leadership ahead.
