TikTok Banned: TikTok’s US Bid for Reprieve Falls Short
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A US appeals court has dealt a significant blow to TikTok’s hopes of avoiding a potential ban in the United States. In a ruling on Friday, the three-judge panel at the US Court of Appeals for the District of Columbia Circuit upheld a law that could result in the platform being banned from US app stores and internet services.
The Law: A National Security Concern
President Joe Biden signed a bill in April requiring TikTok to be sold to a new, non-Chinese owner or be banned in the United States. The law was passed following years of concern on Capitol Hill that ByteDance, TikTok’s Chinese parent company, poses a national security risk.
TikTok’s Argument
TikTok sued to block the law, arguing that it infringed on the free speech of its more than 170 million American users and unfairly singled out the platform. The company claimed that the law was unconstitutional and would silence the voices of millions of Americans who use the app to express themselves and communicate with people around the world.
The Court’s Ruling
However, the court found in favor of the US government, denying TikTok’s argument that the law was unconstitutional and violating the Fifth Amendment guarantee of equal protection of the laws. The judges ruled that the law “narrowly” addressed the specific problem of TikTok’s China ties and did not suppress content or require a certain mix of content.
The National Security Concern
The court also acknowledged that lawmakers acted within their constitutional powers and followed appropriate procedure in crafting the TikTok law. The judges found that Congress determined that divesting TikTok from Chinese control was essential to protect national security, citing the platform’s expansive reach and the potential for covert manipulation of content.
TikTok’s Response
In a statement, TikTok indicated that it would appeal the decision, saying that the Supreme Court will “protect Americans’ right to free speech” on this important constitutional issue. The company also claimed that the ban was conceived and pushed through based upon inaccurate, flawed, and hypothetical information, resulting in a flawed and dangerous precedent.
The Impact on Content Creators
TikTok’s supporters, including the American Civil Liberties Union (ACLU), warned that banning TikTok would cause major upheaval in the social landscape, benefiting Meta, YouTube, and Snap while hurting content creators and small businesses that rely on the app to make a living.
“I still have my hopes that TikTok will not get banned in the United States but, currently, it doesn’t look good,” said one user. “This is nuts,” another user exclaimed. “I don’t want (Meta CEO) Mark Zuckerberg to own TikTok, that won’t make me feel better.”
Trump’s Views on TikTok
In March, Trump posted on Truth Social that he opposed a ban of TikTok because it would only bolster its industry rival, Facebook, and Zuckerberg, whom Trump has accused — without evidence — of interfering in the 2020 presidential election. However, it’s not clear whether Trump will be able to undo the law or find a way around enforcing it.
A Potential Appeal
If TikTok is unable to successfully appeal or spin off from ByteDance, the ban could go into effect one day before the inauguration of President-elect Donald Trump. However, it’s worth noting that Trump has more recently suggested that he no longer wants to ban TikTok, but it remains unclear whether this will lead to a change in course.
The Future of TikTok (tiktok banned?)
As the situation unfolds, one thing is certain: the future of TikTok in the United States hangs in the balance. With the appeals process still underway, users and lawmakers alike will be watching closely as the next developments emerge.