A federal appeals court ruled Friday that TikTok can be banned in the U.S. over national security concerns, upholding a federal law requiring the popular social media app to shed its Chinese ownership to keep operating, The Wall Street Journal reported.
A three-judge panel of the U.S. Court of Appeals for the District of Columbia Circuit said Congress has the power to take action against TikTok to protect U.S. interests.
The ruling rejected a First Amendment challenge brought by the app and several of its star users, who argued the ban was an unconstitutional infringement on free speech.
The sell-or-ban law — signed by President Biden in April— passed with bipartisan support after lawmakers reviewed classified briefings from the intelligence community about China’s ability to use TikTok to surveil Americans and spread Chinese propaganda.
“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.” Judge Douglas Ginsburg wrote for the court.
TikTok, a U.S. entity owned by Beijing-based ByteDance, has claimed that American security fears are speculative and overblown. The ban’s terms are set to take effect in mid-January, but that doesn’t mean that TikTok will necessarily disappear from app stores by that time.
CNBC reported: A federal appeals court on Friday cited national security concerns as it upheld a law requiring China-based ByteDance to sell the popular social media app TikTok next month or face an effective ban in the United States.
The unanimous ruling by a three-judge panel of the U.S. Court of Appeals in Washington, D.C., rejected TikTok’s argument that the law is unconstitutional and violates the First Amendment rights of the 170 million Americans who use the app.
TikTok said later Friday that it will ask the U.S. Supreme Court to overturn the appeals court decision.
If ByteDance fails to sell TikTok by Jan. 19, the law would require app store companies, such as Apple, and Google, and internet hosting providers to stop supporting TikTok, which would effectively ban the app.
The Hill reported: A federal appeals court on Friday upheld a law requiring TikTok’s Chinese parent company to sell the popular app or face a U.S. ban.
A three-judge panel with the U.S. Court of Appeals for the D.C. Circuit found that the law does not violate the First Amendment, as TikTok argued. The decision brings a ban one step closer to reality, with about a month until the law goes into effect.
The divest-or-ban law moved rapidly through Congress earlier this year amid widespread bipartisan national security concerns over the app’s China-based parent company ByteDance. It was signed by President Biden in April.
In my opinion, it appears that lawmakers want make sure that TikTok is banned from the U.S., and are giving ByteDance short notice on when that should happen.