TikTok is One Step Closer to being Banned in the US

By Evans Momodu
3 minute read



TikTok has lost its bid to overturn a U.S. law that may lead to the platform being banned nationwide unless its Chinese parent company, ByteDance, divests ownership.

A federal appeals court upheld the law on Friday, rejecting TikTok's arguments that it violated constitutional protections under the First and Fifth Amendments.

The ruling moves TikTok closer to a potential ban in the U.S., with a deadline of January 19, 2025, for ByteDance to sell the platform. After that date, U.S. app stores and internet providers could face significant fines for hosting TikTok unless the platform finds a buyer or receives a deadline extension from President Joe Biden.

In a statement, TikTok expressed its intention to appeal to the Supreme Court. The company argued that the law is rooted in flawed assumptions and amounts to censorship, stating that it would silence over 170 million American users.

ByteDance has signaled that it does not intend to sell TikTok, setting the stage for further legal and political battles.

Background and Security Concerns

President Biden signed the law earlier this year following years of bipartisan concerns in Congress over national security risks posed by ByteDance's ownership.

This is largely due to the fear that TikTok could be coerced by the Chinese government into sharing user data or manipulating its algorithm to spread propaganda.

TikTok filed a lawsuit in May, claiming the legislation infringes on free speech rights and unfairly targets the platform. Concerned Individual TikTok creators joined the lawsuit, citing the platform's critical role in fostering their expression and livelihoods.

In its defence, the U.S. government argued that TikTok's algorithm, controlled by ByteDance, represents a national security threat. The appeals court acknowledged TikTok's role in enabling free expression but upheld Congress's authority to address security risks related to foreign ownership.

Next Steps

With ByteDance resistant to a sale, TikTok’s future in the U.S. hangs in the balance. The platform plans to escalate the case to the Supreme Court, which could decide on this pivotal constitutional issue.

Meanwhile, the Biden administration and Congress continue to assert the need for divestment to safeguard U.S. security interests.
Source: CNN 
Image: Tribune Online