shot of tiktok screen on phone

Appeals Court Upholds Historic TikTok Ban Setting Supreme Court Stage

  • The Supreme Court has agreed to hear TikTok’s challenge to the ban, setting the stage for a crucial legal battle.

A federal appeals court on Friday upheld a law that could force TikTok to sever ties with its Chinese parent company ByteDance or face a ban in the United States, marking a significant development in the ongoing battle over the popular social media platform’s future in America.

The U.S. Court of Appeals for the District of Columbia Circuit unanimously rejected TikTok’s challenge to the federal law, which requires ByteDance to sell its U.S. operations by January 19, 2025, or face restrictions that would effectively shut down the platform’s operations in the country.

In a decisive opinion written by Judge Douglas Ginsburg, a Reagan appointee, the court emphasized the government’s authority to protect national security interests. “The First Amendment exists to protect free speech in the United States,” wrote Judge Ginsburg. “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.”

The ruling stems from a law signed by President Biden in April that received bipartisan support following classified briefings about national security concerns. The legislation aims to address what lawmakers describe as potential risks associated with Chinese government access to American user data through TikTok’s parent company.

During more than two hours of oral arguments in September, the three-judge panel grappled with complex constitutional questions. The judges pressed Department of Justice attorney Daniel Tenny on the implications for First Amendment rights while also challenging TikTok’s attorney Andrew Pincus on whether constitutional protections could prevent the government from restricting a company subject to foreign adversary influence.

The panel, comprising Chief Judge Sri Srinivasan, an Obama appointee, Judge Ginsburg, and Judge Neomi Rao, a Trump appointee, cited wartime precedent that allows the U.S. to restrict foreign ownership of broadcast licenses. They explored how such precedents might apply if the U.S. was engaged in war.

In a concurring opinion, Chief Judge Srinivasan acknowledged the ruling’s significant impact: “170 million Americans use TikTok to create and view all sorts of free expression and engage with one another and the world. And yet, in part precisely because of the platform’s expansive reach, Congress and multiple Presidents determined that divesting it from [China’s] control is essential to protect our national security.”

The case consolidated multiple legal challenges, including TikTok’s primary lawsuit filed in May and a separate action brought by content creators who argue the ban would impair their ability to reach their audiences. A third lawsuit was filed on behalf of conservative creators who work with a nonprofit called BASED Politics Inc.

Under the law’s provisions, if ByteDance fails to sell TikTok’s U.S. operations by the January 2025 deadline, app stores would be prohibited from offering TikTok for download, and internet hosting services would be barred from supporting the platform.

TikTok and ByteDance argue the law is unconstitutional and violates Americans’ free speech rights. They call it “a radical departure from this country’s tradition of championing an open Internet,” while noting that news outlets with foreign ownership continue to operate in the U.S.

The company has invested over $2 billion in data protection measures for U.S. users through Project Texas. However, according to The Wall Street Journal, TikTok employees revealed that data was still being shared with its China-based parent company despite these efforts.

TikTok and ByteDance are expected to appeal the decision to the Supreme Court. The companies argue that divesting the platform would be practically impossible without access to TikTok’s proprietary algorithm, which Chinese authorities would likely block from being included in any sale.

The law includes provisions for a 90-day extension of the January 2025 deadline if ByteDance can demonstrate significant progress toward a divestiture. The government’s case relied heavily on classified information, with significant portions of evidence redacted from public view.

Legal Developments

Supreme Court to Hear TikTok Ban Challenge

In a significant development, the U.S. Supreme Court has agreed to hear TikTok’s legal challenge against the federal law that could force the shutdown of its platform. This decision comes after the U.S. Court of Appeals for the District of Columbia Circuit upheld the law, which prohibits TikTok from operating in the U.S. unless it separates from its Chinese parent company, ByteDance.

TikTok and ByteDance argue that the law violates their First Amendment rights and that there is no evidence of actual national security threats. The Supreme Court will hear oral arguments in the case on January 10, 2025.

This development significantly impacts the future of TikTok in the U.S.

View the Supreme Court’s TikTok decision granting Certiorari.

Potential Implications

Potential outcomes of the Supreme Court’s decision, include:

  • Upholding the ban: This could lead to the forced sale of TikTok’s U.S. operations or a complete ban of the platform in the U.S.
  • Overturning the ban: This would allow TikTok to continue operating in the U.S. and could have significant implications for other social media platforms and the regulation of technology.