TikTok edged closer to a ban in the United States after losing an appeal on December 6, requiring the video-sharing app to divest from its Chinese parent company by January 19. The potential ban could strain US-China relations just as President-elect Donald Trump prepares to take office on January 20.
TikTok stated that it will appeal to the Supreme Court, which may choose to take up the case or let the circuit court’s decision stand. The company emphasized, “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.”
TikTok is also looking to Trump, who has emerged as an unlikely ally, arguing that a ban would primarily benefit Facebook parent company Meta’s platforms, owned by Mark Zuckerberg. Trump’s stance reflects broader conservative criticism of Meta for allegedly suppressing 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 alleges that TikTok allows Beijing to collect data and spy on users. It also claims that TikTok is a conduit for spreading propaganda, although China and app owner ByteDance strongly deny these allegations.
Legal Background: The law, signed by President Joe Biden in April, 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 sorts of free expression,” the three-judge panel unanimously upheld the law’s premise that divesting from China’s control “is essential to protect our national security.”
The judges found that the law did not hinder free speech, as it was “devoid of an institutional aim to suppress particular messages or ideas.” They also disagreed with the notion that less drastic alternatives than a sale by ByteDance would adequately address the security issues.
US Attorney General Merrick Garland welcomed the decision, stating, “The Justice Department is committed to defending Americans’ sensitive data from authoritarian regimes that seek to exploit companies under their control.”
Trump’s support for TikTok marks a reversal from his first term, when he attempted to ban the app over similar security concerns. That effort became mired in the courts when a federal judge questioned how the move would impact free speech and blocked the initiative.
Analysts suggest that Trump could be a “lifeline” for TikTok once he takes office, but halting the enforcement of the ban is easier said than done. Despite the uncertainty, TikTok’s presence in the United States continues to grow. The platform reported $100 million in Black Friday sales for its new shopping venture, and eMarketer projects US ad revenue to reach $15.5 billion next year, accounting for 4.5 percent of total digital ad spending in the country.
However, analysts warn that a ban would significantly disrupt the social media landscape, benefiting Meta, YouTube, and Snap, while harming content creators and small businesses dependent on TikTok.
Gautam Hans, a professor at Cornell Law School, noted that the judges treated the government’s national security argument “with great deference… while undervaluing the radical effects this unfortunate decision will have for individual speakers and First Amendment doctrine.” Given the unanimous ruling and the short timeline before the law takes effect, he added, “it is unlikely that the Supreme Court will take the case, which will almost certainly lead to TikTok’s demise in just a handful of weeks.”
In contrast, Carl Tobias from the University of Richmond stated that given the “critical implications” of the issues in question—national security and free speech—the Supreme Court is likely to take the case.
News Source:channelnewsasia，This article does not represent our position.
