A federal appeals court has upheld a mid-January deadline that requires TikTok to either be sold or face a ban in the United States. This decision comes after TikTok’s parent company, ByteDance, requested the court to pause the enforcement of the law while the case is reviewed by the Supreme Court.
Attorneys for TikTok and ByteDance plan to appeal to the Supreme Court, although it remains uncertain whether the high court will take up the case. Legal experts suggest that the Supreme Court might consider the case due to its implications for social media, national security, and free speech. Interestingly, TikTok is looking for support from President-elect Donald Trump, who expressed intentions to “save” the platform during his campaign.
In a recent ruling, a three-judge panel from the U.S. Court of Appeals for the District of Columbia Circuit sided with the government by rejecting TikTok’s challenge against the law. The appeals court described TikTok’s request for a delay as “unwarranted,” noting that no court has previously ordered a pause on an Act of Congress while awaiting Supreme Court review.
The law, signed by President Joe Biden, mandates ByteDance to sell TikTok to an approved buyer due to concerns over national security. U.S. officials regard TikTok as a security threat, suggesting that ByteDance could be compelled by the Chinese government to provide user data or manipulate content for its benefit. TikTok has consistently refuted these allegations, contending that the government’s argument relies on speculative risks rather than concrete evidence.
In their appeal, TikTok’s lawyers asked for a slight postponement in enforcing the law, hoping it would give the Supreme Court time to examine the case and allow the incoming Trump administration to establish its stance. If the law remains intact, both companies have warned that the app might be shut down by January 19, impacting over 170 million American users.
The Justice Department has opposed TikTok’s request for a delay, asserting that a schedule has already been set to facilitate a Supreme Court review before the law takes full effect.
