A federal appeals court upheld a law on Friday mandating that ByteDance, the Chinese parent company of the social media platform TikTok, divest its operations in the United States by Jan. 19 or face a nationwide ban of the app.
The 92-page ruling, delivered by Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, marks a significant step in efforts to address national security concerns tied to TikTok’s Chinese ownership. The law, however, can be challenged in the Supreme Court or before the full appeals court panel.
Michael Hughes, a spokesperson for TikTok, hinted that a high court appeal could be imminent.
“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 said, claiming the voices of “170 million” U.S. users of the platform will soon be silenced
In upholding the divest or sale law, the appeals court cited the measure’s its enactment as a bipartisan effort by Congress and multiple administrations in an effort to target foreign adversaries such as China. They emphasized it was crafted to address a “well-substantiated national security threat posed by the People’s Republic of China.”
The legislation, signed by President Joe Biden in April, allows ByteDance an extension of up to 90 days if significant progress is made in selling TikTok’s U.S. operations. Without an extension, the app will be banned by Jan. 19, which may leave millions of American users without access.
The Justice Department argues TikTok’s Chinese ownership poses a national security risk due to the potential misuse of vast amounts of U.S. user data and content manipulation. TikTok and ByteDance, though, have dismissed these concerns as speculative and maintain that the law violates constitutional rights, including that of free speech.
The ruling also prohibits app stores, such as the ones hosted by Apple and Google, from offering TikTok after the deadline and prevents hosting services from supporting the app unless ownership is transferred.
ByteDance denies allegations of sharing or being compelled to share U.S. user data with the Chinese government, labeling such claims as unfounded.
The national security threats surrounding TikTok were a top concern for lawmakers of both parties, with 197 Republicans and 155 Democrats voting for the bill to force ByteDance to divest.
Alleigh Marre, executive director of the parental rights organization American Parents Coalition, said the appeals court ruled correctly on Friday.
“TikTok’s algorithm is every parent’s worst nightmare, Marre said, adding, “We’ve seen the app exploit children by promoting content glorifying suicide, eating disorders, and other harmful trends.”
The Knight First Amendment Institute at Columbia University criticized the ruling.
“This is a deeply misguided ruling that reads important First Amendment precedents too narrowly and gives the government sweeping power to restrict Americans’ access to information, ideas and media from abroad,” Jameel Jaffer, the institute’s executive director, told the Washington Examiner.
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However, President-elect Donald Trump, who vowed to ban the social media app during the latter part of his first administration, has completely reversed his position and even enticed voters who like TikTok to vote for him based on an unspecified promise to protect it from being banned across the nation.
It’s not entirely clear what the incoming president could do to reverse the now-passed law. The Trump White House could put pressure on the Republican-led Congress to reverse the TikTok ban, or the Justice Department could seek a policy of loose enforcement of the law.
