TikTok is inching closer to a potential ban in the U.S. On Friday (Dec. 6), a federal appeals court upheld a law requiring the social media giant to sell its assets to a non-Chinese company or face being shut out of the country altogether.
“We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities, survive constitutional scrutiny. We therefore deny the petitions,” U.S. Court of Appeals Judge Douglas Ginsburg wrote in court documents obtained by Politico.
As a result, TikTok’s parent company, ByteDance, must comply with the U.S. government’s decision by Jan. 19, 2025 or risk the ban. However, the platform appears to be bringing its fight to the Supreme Court.
In a post shared on X, formerly known as Twitter, the short-form video app issued a statement: "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. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on Jan. 19th, 2025."
The court’s opinion noted that a 90-day extension could be granted “based upon progress toward a qualified divestiture.” Despite being one of the first to suggest the ban, President-elect Donald Trump pledged during his campaign to “save TikTok,” though he’ll take office on Jan. 20.
Over the years, TikTok has been the target of lawsuits and investigations at both federal and state levels. The situation escalated in April when Joe Biden signed a law requiring ByteDance to sell the platform. “It’s actually ironic because the freedom of expression on TikTok reflects the same American values that make the United States a beacon of freedom," CEO Shou Zi Chew said at the time.