A federal appeals court ruled on Friday to uphold the federal ban on TikTok, a decision set to take effect in January. However, the case is expected to advance to the U.S. Supreme Court, and President-elect Donald Trump may attempt to challenge the ban before it is enforced.
Why US court upheld the ban?
In its ruling, the panel of judges acknowledged the substantial impact this decision would have on TikTok and its users. They emphasized that the potential unavailability of the app was a consequence of China’s “hybrid commercial threat” to U.S. national security, not a direct action by the U.S. government. “We recognize that this decision has significant implications for TikTok and its users,” the judges wrote.
The court further defended the government’s actions, explaining that the First Amendment’s protections of free speech were central to the case.
What’s next for TikTok?
The decision, they noted, was not about curbing free speech but protecting it from foreign threats, “The First Amendment exists to protect free speech in the United States. Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”
The ruling sets the stage for a likely appeal to the U.S. Supreme Court, with an appeal expected before January 19. However, it remains uncertain how long the appeals process will take or when a final decision will be reached. In the interim, TikTok may petition the Supreme Court to issue a stay on the law, preventing the ban from going into effect unless the Court ultimately upholds it. The outcome of such a petition is also unclear, leaving both TikTok and its users in a state of uncertainty.
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