The U.S. Court of Appeals for the District of Columbia Circuit has upheld a federal ban on TikTok, marking a significant escalation in efforts to counter perceived threats from foreign-owned tech platforms. ByteDance, TikTok’s Chinese parent company, must sell the platform to a U.S. buyer by January 19, 2025, or face a nationwide ban.
The three-judge panel rejected TikTok’s claims that the ban violated First Amendment protections, ruling that Congress acted within its authority to address national security concerns. Judge Douglas Ginsburg wrote that the law “is essential to protect our national security” given the risks posed by the platform’s ties to China.
The legislation, passed earlier this year, focuses on preventing foreign adversaries from accessing Americans’ personal data through TikTok. The court’s decision follows years of bipartisan concern about the platform’s potential misuse by the Chinese Communist Party.
TikTok sued the government, arguing the ban unfairly burdens its millions of U.S. users. The court dismissed these arguments, attributing the issue to China’s actions rather than the U.S. government’s policies.
If ByteDance fails to divest TikTok, the app will become unavailable in the U.S. The ruling also allows for a 90-day extension if substantial progress toward a sale is demonstrated.
With the January deadline approaching, ByteDance faces intense pressure to comply. The case may ultimately reach the Supreme Court, setting the stage for a broader legal battle over national security and digital privacy.
