After losing a bid to strike an American law to ban use its social media platform, TikTok faces a January 19, 2025 deadline.
On December 6, 2024, a U.S. appeals court upheld the law and denied an argument from TikTok that the law was unconstitutional. According to CNN Business, judges found that the law does not “contravene the First Amendment to the Constitution of the United States,” nor does it “violate the Fifth Amendment guarantee of equal protection of the laws.”
After January 19, all U.S. app stores and internet services will face fines if they host TikTok. The only alternative is for parent company ByteDance to sell TikTok to a company not based in China.
TikTok will appeal the December 6 decision. If unsuccessful, TikTok‘s ban would begin the day before Donald Trump becomes the 47th president of the U.S.
“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. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the U.S. and around the world on January 19th, 2025,” said company spokesperson Michael Hughes in a statement.
ByteDance continue to refuse to sell the social media platform.
American legislation was signed into law by President Joe Biden in April 2024 after years of lawmakers expressing concern that the social media platform’s ownership by a China-based company is a national security risk. As a China-based company, ByteDance could be forced to share data with Chinese government for surveillance or be forced to use TikTok to spread propaganda.
Virginia Sen. Mark R. Warner has been adamant for years as chair of the Senate Select Committee on Intelligence that banning TikTok is important to American national security.
In May 2024, TikTok sued to block the legislation with the argument that the law infringes on the free speech of more than 170 million users in America. A hearing held in September 2024 included testimony by U.S. government attorneys that TikTok is controlled by a Chinese parent company and could influence users.
A panel of three judges in Washington, D.C. last Friday ruled that American users “create and view all sorts of free expression and engage with one another and the world.” However, they also ruled that “in part precisely because of the platform’s expansive reach, Congress and multiple Presidents determined that divesting it from the (People’s Republic of China’s) control is essential to protect our national security.”
“People in the United States would remain free to read and share as much PRC propaganda (or any other content) as they desire on TikTok or any other platform of their choosing,” the judges said. “What the Act targets is the PRC’s ability to manipulate the content covertly. Understood in that way, the Government’s justification is wholly consonant with the First Amendment.”
Patrick Toomey, deputy director of ACLU’s National Security Project, does not favor the appeals court ruling.
“Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with people around the world,” Toomey said. “The government cannot shut down an entire communications platform unless it poses extremely serious and imminent harm, and there’s no evidence of that here.”
TikTok users posted content last Friday also expressing disfavor of the ruling and the American legislation.
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ByteDance promises legal challenge of TikTok legislation, refusal to sell social media app
TikTok, parent company sue U.S. over legislation, state First Amendment free speech violation
TikTok in court this week to fight for the app’s future in the U.S.
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Rebecca Barnabi
