The U.S. Court of Appeals for the District of Columbia Circuit upheld a federal law banning TikTok unless its Chinese parent company ByteDance sells the app to an American buyer. The decision, centered on national security concerns, is a blow to TikTok, which argued that the law violated First Amendment protections.
The three-judge panel ruled that Congress acted within its authority to protect Americans’ data from potential misuse by the Chinese government. Judge Douglas Ginsburg wrote that the law serves to “limit a foreign adversary’s ability to gather data on people in the United States,” a critical step in safeguarding national security.
The ruling means ByteDance has until January 19, 2025, to complete a sale or face a U.S. ban on TikTok. The court also allowed for a possible 90-day extension if the company demonstrates meaningful progress toward divestiture.
TikTok’s lawsuit against the government contended that the ban infringed on free speech rights, but the court rejected these claims, highlighting the platform’s unique risks due to its foreign ownership and expansive influence.
“This burden falls on the PRC’s hybrid commercial threat to U.S. national security,” the court stated, absolving the U.S. government of blame for the app’s potential removal.
The decision follows years of scrutiny over TikTok’s data practices and its ties to the Chinese government. Congress passed the ban earlier this year, framing it as a necessary measure to protect Americans’ privacy and sovereignty.
As ByteDance weighs its next steps, including a potential Supreme Court appeal, the ruling signals a decisive moment for U.S. tech policy. The January deadline now looms large, with significant implications for both TikTok and its millions of U.S. users.
