Federal Appeals Court Upholds TikTok Ban Unless Sold to US Owner

Taylor Brooks

Taylor Brooks

December 06, 2024 · 3 min read
Federal Appeals Court Upholds TikTok Ban Unless Sold to US Owner

A federal appeals court has unanimously voted to uphold a law that could ban TikTok in the US unless the social network's parent company, ByteDance, sells it to an American owner. The decision comes seven months after TikTok filed a lawsuit against the federal government over the ban, claiming it violates the US Constitution's commitment to free speech and individual liberty.

The ruling rejects TikTok's claims, with the court's opinion stating that "The First Amendment exists to protect free speech in the United States. 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." This decision is a significant blow to TikTok's efforts to operate in the US market, and raises concerns about the app's future in the country.

The sell-or-ban law, signed by President Biden in April, gives ByteDance until January 19 to sell the app or face a ban. The bill follows four years of allegations from the US government that TikTok's ties to China pose a national security risk and that it exposes Americans' sensitive information to the Chinese government. The US government has long been wary of TikTok's data collection practices, and this ruling is seen as a move to protect American citizens' data from potential Chinese interference.

TikTok may still take the case to the Supreme Court, although it's unclear whether the highest court in the land would take up the case. Additionally, President-elect Trump has vowed to save the app if elected, which could potentially impact the outcome of the situation. However, as it stands, the ruling is a significant setback for TikTok's operations in the US.

The implications of this ruling are far-reaching, and could have significant consequences for the tech industry as a whole. If TikTok is ultimately banned in the US, it could set a precedent for other foreign-owned social media platforms operating in the country. Furthermore, the ruling raises questions about the balance between national security concerns and individual freedom of expression in the digital age.

As the situation continues to unfold, one thing is clear: the future of TikTok in the US hangs in the balance. With the deadline for ByteDance to sell the app looming, it remains to be seen whether a deal can be reached or if the popular social media platform will be forced to shut down its US operations. One thing is certain, however: the US government is taking a hardline stance on national security concerns, and tech companies operating in the country will need to take note.

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