TikTok's battle against US ban intensifies after appeals court decision

TikTok announced on December 6 that it would appeal to the US Supreme Court after a federal appeals court upheld a law that would require the video-sharing app to be sold by January 19, 2025, or face a ban in the United States.

The ruling from a three-judge panel of the US Court of Appeals for the D.C. Circuit sided with the Justice Department, which argues that TikTok poses a national security threat due to concerns over Chinese government influence. TikTok, its parent company ByteDance, and creator groups had petitioned to block the law, arguing that it infringes on free speech rights, Caliber.Az reports via foreign media.

Judge Douglas Ginsburg, who authored the majority opinion, wrote that the provisions concerning TikTok "survive constitutional scrutiny." Ginsburg emphasized that the government's actions were aimed at protecting US citizens from a foreign adversary's ability to collect data. "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," Ginsburg said.

TikTok expressed its intent to take the case to the Supreme Court, with spokesperson Michael Hughes asserting, "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." Hughes warned that the ban, if implemented, would "silence the voices of over 170 million Americans here in the US and around the world."

While TikTok pursues its legal battle, political manoeuvring in Washington may play a significant role in the app's fate. Legal experts suggest that former President Donald Trump could attempt to block the law through several avenues, including pressuring Congress to repeal it or using his executive authority to prevent enforcement. However, some Republican lawmakers, such as Senator Josh Hawley (R-Mo.), have expressed scepticism about Trump's ability to intervene effectively.

The law gives TikTok until January 19 to divest, with a possible 90-day extension. Billionaire Frank McCourt and other investors have expressed interest in purchasing TikTok, though the company argues that divestiture is not feasible. If the law is enforced, app stores like Google and Apple would be required to stop hosting TikTok to avoid fines, which could lead to the app’s slow demise in the US.

By Vugar Khalilov