A federal appeals court in Washington, D.C., upheld a law on Friday (December 6) that mandates the sale or ban of TikTok in the United States. The law requires TikTok's Chinese parent company, ByteDance, to divest its ownership to protect U.S. national security. President Joe Biden signed the bill into law in April, citing concerns over data privacy and potential exploitation by the Chinese Communist Party.
TikTok has argued that the forced sale violates the First Amendment rights of millions of Americans. The company plans to appeal the decision to the Supreme Court. The court's ruling emphasized the importance of protecting U.S. interests from foreign adversaries, stating that TikTok's expansive reach poses a national security threat.
The bipartisan legislation has sparked debate, with critics like the Knight First Amendment Institute expressing concern over its implications for free speech. Jameel Jaffer, the institute's executive director, called the ruling "deeply misguided" and warned of its potential impact on Americans' access to information.
TikTok must divest by January 19, 2025, or face a nationwide ban. The deadline may be extended if significant progress toward a sale is made. President-elect Donald Trump has expressed interest in facilitating an American takeover of TikTok.
The decision has been met with mixed reactions. Supporters, including bipartisan leaders of the U.S. House Select Committee on the Chinese Communist Party, view it as a victory for national security. However, opponents argue that the law sets a dangerous precedent for government intervention in social media.