TikTok to appeal ruling that ban on TikTok is not unconstitutional, prepares to fight in Supreme Court
The appellate court ruled that the regulation, known as the 'TikTok Ban Act,' which TikTok challenged, may violate the First Amendment, which guarantees freedom of speech and expression. TikTok appealed the ruling four days later.
TikTok Files Emergency Motion for Injunction | TikTok Newsroom
DC Circuit rejects TikTok's First Amendment defense, opening door for January ban | Courthouse News Service
https://www.courthousenews.com/dc-circuit-rejects-tiktoks-first-amendment-defense-opening-door-for-january-ban/
TikTok failed to save itself with the First Amendment - The Verge
https://www.theverge.com/2024/12/9/24316941/tiktok-divest-ban-court-ruling-breakdown-first-amendment
The law at issue is the ' Protecting Americans from Foreign Adversary Controlled Applications Act ,' which requires that social networking apps be prohibited from distributing, maintaining, or making available within 270 to 360 days if the US President determines that the app is a 'foreign adversary controlled application' or if it is determined under related provisions. Under the act, China is considered a hostile foreign country, and TikTok, which is operated by a parent company based in China, was required to sell its business or cease providing its services in the US.
On May 7, 2024, TikTok filed a challenge based on the First Amendment to the Constitution. The First Amendment guarantees freedom of expression and speech, and TikTok argued that 'if the service is suspended, it could hinder the freedom of speech of Americans and block their access to accurate information,' and asked the court to rule that the law was unconstitutional.
TikTok sues over US ban - GIGAZINE
On December 6, 2024, the United States Court of Appeals for the District of Columbia Circuit upheld the law and ruled that it was not unconstitutional. The three judges in the case pointed out that 'Congress has determined that China is a foreign enemy' and that 'the law targets the Chinese government's ability to secretly manipulate content.' They also unanimously ruled that the law is constitutional, stating that all the law requires is that 'TikTok is no longer controlled by China,' and that it does not infringe on freedom of speech.
US Federal Appeals Court upholds TikTok ban, if this continues, 170 million TikTok users will disappear in January 2025 - GIGAZINE
Justice Donald Ginsburg wrote, 'The case is simply asking that China not control TikTok, and has nothing to do with the topics discussed on the app. A sale would not change the content on the platform in principle, and Americans would remain free to read and share as much Chinese propaganda as they wish.'
However, the US government has not presented any concrete evidence that the Chinese government has accessed TikTok's data, and discussions are currently proceeding based on the assumption that it is 'possible.' TikTok's US headquarters are in Singapore and Los Angeles, and TikTok CEO Shou Chu has denied any ties to China, claiming that 'TikTok is operated independently from its parent company ByteDance, and American data is managed by an American company overseen by Americans.'
Four days after the ruling, TikTok appealed to the Supreme Court. 'Today, we filed an emergency motion seeking an injunction to stop the TikTok ban from going into effect until the Supreme Court hears the appeal. At the core of TikTok are our 170 million American users. Unless the TikTok ban is stopped, it is estimated that small and medium-sized businesses using TikTok will lose more than $1 billion in revenue in just one month, and creators will suffer $300 million in lost profits,' TikTok said in a statement, arguing that the TikTok ban would cause significant economic damage.
If the Supreme Court does not intervene, TikTok will have to decide whether to sell or suspend the sale by the deadline of January 19, 2024. On this point, Ryan Knappenberger, a reporter for Courthouse News Service, a news site focusing on civil litigation, pointed out that 'Donald Trump will be inaugurated as president on January 20. TikTok, which is forced to make a decision, may petition President Trump, who recently declared that he would 'save TikTok.''
The second Trump administration is expected to block the ban on TikTok, and will it revoke the policy of the first administration that called for the sale of TikTok?
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