A U.S. federal appeals court has ruled that TikTok can be made to divest or cease operating in the country, upholding a law passed by Congress and signed by President Joe Biden in recognition of national security issues. The legislation was aimed at TikTok's Chinese parent company, ByteDance, after concerns mounted that China might utilize the platform for surveillance and propagating misinformation among Americans.
The case, adjudicated by a three-member panel in the District of Columbia Circuit, attracted a lawsuit from TikTok and various users who contended the accusations were unfounded, going on to claim that the law infringed on their First Amendment rights.
In his ruling, Judge Douglas Ginsburg emphasized that the law was implemented strictly to protect U.S. free speech from a foreign threat and to restrict data collection activities on American citizens. Although the court identified the potential downside of losing TikTok -the eliminated platform for expression, community, and income source for many Americans - it underlined the fact that the decision was a calculated risk in light of perceived severe national security threats.
In response, TikTok implied it would challenge the ruling at the Supreme Court level. The company stated its anticipation for the Supreme Court to continue its historical trend of safeguarding free speech rights for Americans. Consequently, TikTok criticized the ban as being based on erroneous and theoretical data, declaring it outright censorship and warning it would impact over 170 million voices in the U.S. and worldwide starting from January 19th, 2025.