A federal court has backed a controversial law requiring TikTok’s Chinese parent company, ByteDance, to divest from the app or face its removal from the U.S. market.
Judges from the D.C. Circuit Court of Appeals concluded that the legislation does not infringe on First Amendment protections, contrary to TikTok’s claims. This decision moves the potential ban closer, with enforcement slated to begin in about a month.
In their opinion, the court stated that safeguarding free speech in the U.S. justified government action to prevent a foreign adversary from collecting data on American users. The ruling denied petitions challenging the law.
Biden administration defends TikTok legislation as a necessary step for U.S. security
Earlier this year, bipartisan national security concerns drove the rapid passage of the divest-or-ban measure through Congress, which President Biden signed into law in April. ByteDance has until January 19 to divest from TikTok or face a ban across U.S. networks and app stores, though the president retains the option to extend the deadline by 90 days.
Following the ruling, TikTok announced plans to challenge it, likely at the Supreme Court. In a statement on X, TikTok criticized the decision, describing it as censorship and claiming it would silence millions of users by early 2025.
The company, joined by several content creators, argued in a May lawsuit that divestment was infeasible, making the law effectively unconstitutional. However, the Biden administration countered that TikTok poses a national security risk by potentially allowing the Chinese government to exploit its platform.
The court sided with the administration, asserting that the potential harm to users was outweighed by the need to address national security concerns tied to the People’s Republic of China.
ACLU leaders also expressed disapproval of the ruling, arguing that banning TikTok violates First Amendment rights and sets a dangerous precedent. The organization emphasized that shutting down a communication platform requires evidence of imminent harm, which they claim is absent.
Despite this legal victory for the administration, the law’s future remains uncertain as President-elect Trump prepares to take office. Although he initially supported similar measures, Trump has shifted his stance, arguing that banning TikTok could unfairly benefit competitors like Facebook. During his campaign, he positioned himself as the candidate to “save TikTok.”
Reports suggest TikTok CEO Shou Zi Chew has sought advice from Elon Musk, a Trump ally, as the company navigates anticipated challenges under the incoming administration.
