A federal appeals court has unanimously upheld a law that could lead to TikTok being banned in the U.S. unless the app separates from its Chinese owner, ByteDance.
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This decision follows a lawsuit TikTok filed seven months ago, arguing that the law violates constitutional protections for free speech and individual liberty. However, the court ruled otherwise, stating that the government’s actions were aimed at safeguarding free speech and protecting U.S. citizens from foreign data collection.
TikTok plans to appeal the ruling to the Supreme Court. A spokesperson for the company, Michael Hughes, expressed confidence in the court's history of upholding free speech and criticized the ban as being based on flawed and speculative claims, calling it a form of censorship.
The law, signed by President Biden in April, requires ByteDance to sell TikTok by January 19 or face a ban. This comes after years of U.S. government concerns that TikTok’s connections to China could compromise national security by exposing sensitive American data.
Even if the ban takes effect, TikTok’s removal from app stores might not happen immediately, as ByteDance intends to continue its legal battle. The situation could also change if President-elect Donald Trump intervenes. During his campaign, Trump shifted his stance on TikTok, pledging to protect the app and arguing that banning it could unfairly benefit competitors like Meta.
Despite initial suggestions that ByteDance could sell TikTok’s U.S. operations, the company has refused, citing technical challenges and potential opposition from the Chinese government, which would need to approve any transfer of TikTok’s algorithms.
TikTok is no stranger to bans, having been prohibited in several countries, including India, Senegal, and Iran. Whether it will face a similar fate in the U.S. remains uncertain.
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