TikTok is on the verge of being banned in the United States after losing an appeal against a law requiring the video-sharing app to divest from its Chinese parent company by January 19.
The potential ban could strain U.S.-China relations just as President-elect Donald Trump prepares to take office on January 20.
TikTok said it will now appeal to the Supreme Court, which could choose whether to take up the case or uphold the circuit court’s ruling.
“The Supreme Court has an established history of protecting Americans’ right to free speech, and we hope it will do just that on this important constitutional issue,” the company said.
TikTok will also turn to Trump, who emerges as an unlikely ally, arguing that a ban would primarily benefit the platforms of Facebook parent company Meta, owned by Mark Zuckerberg.
Trump’s stance reflects broader conservative criticism of Meta for allegedly removing right-wing content, including the former president himself being banned from Facebook after the January 6, 2021 Capitol riot by his supporters.
The US government says TikTok allows Beijing to collect data and spy on users. It also claims that TikTok is a propaganda channel, although China and the app’s owner, ByteDance, categorically deny these claims.
“National Security” Concerns
would block TikTok from US app stores and web hosting services unless ByteDance sells the platform by January 19.
While recognizing that “170 million Americans use TikTok to create and view all kinds of free speech,” the three-judge panel unanimously upheld the law’s principle that removing it from China’s control “is essential to protect our national security.”
They held that the law did not interfere with freedom of expression because it was “lacking an institutional goal to suppress particular messages or ideas.”
The judges also disagreed with the idea that less drastic alternatives than a sale by ByteDance would resolve security concerns.
U.S. Attorney General Merrick Garland welcomed the decision, saying “the Department of Justice is committed to defending Americans’ sensitive data from authoritarian regimes that seek to exploit the companies they control.”
Trump’s support for TikTok marks a turnaround from his first term, when the Republican leader attempted to ban the app over similar security concerns.
That effort bogged down in court when a federal judge questioned how the move would affect free speech and blocked the initiative.
Among those who helped lead Trump to the White House in this year’s election was Jeff Yass, a major Republican donor who invested in ByteDance.
“Trump’s lifeline”
“Donald Trump could be a lifeline for TikTok once he takes office, but ending enforcement of the ban is easier said than done,” said Jasmine Enberg, senior analyst at ‘Emarketer.
“And even if he manages to save TikTok, he’s already changed his stance on the app and there’s no guarantee he won’t do it again later.”
The president-elect launched his own TikTok account in June, gaining 14.6 million followers, but has not posted since Election Day.
