TikTok’s latest attempts to get a potential upcoming US ban of the social media app have been turned down in court today. A federal appeals court upheld the pending US ban on the social media app, slated to occur in January, if the app doesn’t split from the parent company ByteDance. The ruling declines TikTok’s request to review the legality of the new legislation, but some experts note that the case could move to the Supreme Court.
The decision means the app’s presence in the US remains in jeopardy. In April, congress passed a law requiring ByteDance to either sell TikTok or face a ban in the US. The lawmakers cited security concerns that have plagued the China-based company, though Forbes notes that lawmakers have not publicly shared data explaining the security concerns.
TikTok – and some of the creators on the platform – sued the government in response to April’s legislation, claiming that the ban violated First Amendment rights. However, the District of Columbia Circuit Court of Appeals ruling declined ByteDance’s request to review the new law.
The panel of three judges ruled that the legislation doesn’t target free speech. “The First Amendment exists to protect free speech in the United States,” the ruling reads. “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary's ability to gather data on people in the United States.”
What the court decision means for the future of the app, which has an estimated 170 million American users, is unclear, however. ByteDance has previously stated that selling the TikTok app wasn’t possible.
The shift in presidential leadership could also come into play. The ban is expected to go into effect on January 19 2025; President-elect Donald Trump is expected to take the oath of office on January 20 2025. According to NPR, Trump previously signed an executive order against the app in 2020. However, the president-elect has voiced concern over the potential ban during his bid for re-election.
If the ban goes into effect, the move would affect both US users as well as creators and influencers earning income from the social platform. NPR notes that the ban would prevent the App Store and Google Play Store from listing the TikTok app in the US and that, while the app wouldn’t disappear from devices it already exists on, updates would no longer be available.
The potential ban could also have consequences reaching beyond US borders, as the US has the highest number of TikTok users.
TikTok isn’t the only China-based company facing legislative threats in the US, as a bill that could ban DJI drones passed the House of Representatives in June.
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