TikTok loses appeals court bid to block law that could ban U.S.

A US federal appeals court panel on Friday unanimously upheld a law that could ban TikTok in a few short months, handing the popular social media platform a major blow as it fight for survival in the US

The US Court of Appeals for the District of Columbia Circuit denied TikTok's petition to overturn the law – which requires TikTok to sever ties with its China-based parent company ByteDance or its to be banned by mid-January – and he rejected the company's challenge to the legislation, which he argued ran afoul of the First Amendment.

“The First Amendment exists to protect free speech in the United States,” said the court's opinion, written by Justice Douglas Ginsburg. “Here the Government acted solely to protect that freedom from a foreign enemy nation and to limit that enemy's ability to collect data on people in the United States.”

TikTok and ByteDance – another plaintiff in the lawsuit – are expected to appeal to the US Supreme Court, although it is unclear whether the court will accept the case.

“The Supreme Court has an established history of protecting Americans' right to free speech, and we expect them to do just that on this important constitutional issue,” said TikTok spokesman Michael Hughes, in a statement.

“Unfortunately, the TikTok ban was designed and pushed through based on inaccurate, flawed and hypothetical information, resulting in total censorship of the American people,” Hughes said.

If not stopped, Hughes said the legislation will “silence the voices of more than 170 million Americans here in the US and around the world on January 19, 2025.”

Trump could offer a lifeline

While the case is largely in the court system, it is also possible that both companies could be thrown out by US president-elect Donald Trump, who tried to ban TikTok in his first term but he said during the most recent presidential campaign that he is now opposed to doing so.

the law, signed by US President Joe Biden in April, in the wake of a years-long saga in Washington over the short-form video-sharing app, which the government sees as a national security threat because of its ties to China.

The US has said it is concerned about TikTok collecting large amounts of user data, including sensitive information about viewing habits, which could fall into the hands of the Chinese government through coercion.

Officials have also warned the proprietary algorithm that powers what users see on the app is vulnerable to manipulation by Chinese authorities, which they say can be used to access content on the high- to shape a floor in a way that is difficult to find – a concern expressed by the European Union. Friday while studying the role of the video sharing app in the Romanian elections.

TikTok, that is sued the US government about the law in May, has long denied that Beijing could be used to spy on or manipulate Americans. Their lawyers have rightly pointed out that the US has not provided evidence to show that the company provided user data to the Chinese government, or manipulated content for Beijing's benefit in the US

They have also argued that the law is based on future risks, which the US Department of Justice has emphasized in part on unspecified actions it says the two companies took in the past. left due to requests from the Chinese government.

TikTok has also faced increasing obstacles on this side of the border, with the Canadian government itself – citing national security concerns – recently cracking down on the company. to close its Canadian operationsalthough use of the app is still allowed. In response, TikTok said it would challenge the order in court.

Previously, Ottawa banned the app from federal government tools in 2023. A similar ban has occurred at the department and levels of territorial government.

Two years ago, Prime Minister Justin Trudeau said Canada's electronic spy agency check for security threats from the app.

The court heard oral arguments in September

Friday's decision came after the appeals court panel, made up of two Republican and one Democrat justices, heard oral arguments in September.

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In the hearing, which lasted more than two hours, the panel appeared to be dealing with how TikTok's foreign ownership affects its rights under the Constitution and how long the government to go to prevent possible influence from abroad on the platform of foreign ownership. On Friday, all three denied TikTok's petition.

In the court's decision, Ginsburg, a Republican incumbent, rejected TikTok's main legal arguments against the law, including that the bill was an illegal trespasser or takeover. the law was against the fifth amendment.

He also said the law did not violate the First Amendment because the government is not looking to “suppress content or require a certain variety of content” on TikTok.

“The content of the platform could remain unchanged in principle after transfer, and people in the United States would still be free to read and share as much PRC propaganda (or any other content) on TikTok or any other platform of their choice,” Ginsburg wrote, using the abbreviation for the People's Republic of China.

Justice Sri Srinivasan, the court's chief justice, issued a concurring opinion.

Some US lawmakers celebrate the ruling

TikTok's lawsuit was reinforced by a second legal challenge brought by several content creators – for which the company is covering legal costs – as well as a third filed on behalf of conservative creators who work with a nonprofit called BASED Politics Inc. the Knight First Amendment Institute, also filed amicus briefs in support of TikTok.

“This is a deeply flawed decision that reads important First Amendment precedent too narrowly and gives the government broad power to restrict Americans' access to information, ideas and media from abroad,” Jameel said. Jaffer, the group's executive director. “We hope that the appeal court's decision will not be the last word.”

Meanwhile, on Capitol Hill, lawmakers who had pushed for the legislation pointed to the court's ruling.

“I am hopeful that President Trump will facilitate the American takeover of TikTok to allow its continued use in the United States and I look forward to welcoming the app to America under new ownership.” ,” said Republican representative John Moolenaar of Michigan, chairman of the Senate. House Select Committee on China.

Democratic Representative Raja Krishnamoorthi, who co-authored the law, said “it's time for ByteDance to adopt” the law.

To address the concerns of the company's owners, TikTok says it has invested more than $2 billion to support protections around US user data.

The company has also argued that the government's broader concerns could be resolved in a draft agreement it gave to the Biden administration more than two years ago in talks between the two sides. He has blamed the government for moving away from further talks on the deal, which the Justice Department argues is insufficient.

Lawyers for both companies have said it is commercially and technologically impossible to ship the platform. They also say that any sale of TikTok without the famous algorithm – the platform's secret sauce that Chinese authorities would likely block under any transfer plan – would turn the US of TikTok into an island isolated from other world content.