TikTok could try to fight fast-approaching US ban at the Supreme Court

A federal appeals court has turned down TikTok’s challenge of a quickly approaching forced sale or nationwide ban of the immensely popular app in the United States, but the company could soon ask the Supreme Court to step in.

Friday’s decision from the Washington DC-based appellate court sided with the Department of Justice, which has argued that the federal government has the authority to restrict or ban the app on grounds that it allegedly poses a national security risk if its China-based parent company ByteDance exposes Americans’ data or manipulates what they see.

TikTok argued that the ban infringes on its users’ First Amendment protections, but the three-judge panel agreed that the government “has offered persuasive evidence” that a law passed by Congress to potentially ban the app is “narrowly tailored to protect national security.”

The Protecting Americans from Foreign Adversary Controlled Applications Act, which was signed into law by President Joe Biden earlier this year, gave ByteDance roughly nine months to sell the platform or face a nationwide ban.

“Some 170 million Americans use TikTok to create and view all sorts of free expression and engage with one another and the world,” judges wrote in Friday’s 65-page ruling. “And yet, in part precisely because of the platform’s expansive reach, Congress and multiple Presidents determined that divesting it from [the Chinese government’s] control is essential to protect our national security.”

TikTok is expected to ask the nation’s highest court to weigh in.

“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” according to a statement from the platform.

“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” the statement added.

ByteDance has until January 19 to comply.

That’s one day before Donald Trump’s inauguration, setting up a potential showdown between the president-elect and the Supreme Court with an incoming administration that is expected to try to block the law from taking effect. But it’s unclear what his options look like in that timeline.

On the campaign trail, Trump appeared to change his tune around the app, which he had previously supported banning. He had issued an executive order banning the platform in 2020 during his first stint in office but the company successfully challenged the order in court.

“I was at the point where I could have gotten it done if I wanted to,” he told MSNBC’s Squawk Box on March 11. “There are a lot of young kids on TikTok who will go crazy without it. There are a lot of users.”

Attorney General Merrick Garland said Friday’s decision is “an important step in blocking the Chinese government from weaponizing TikTok to collect sensitive information about millions of Americans, to covertly manipulate the content delivered to American audiences, and to undermine our national security.”

Deputy Attorney General Lis Monaco added that the ruling affirms that the government’s attempts to restrain the platform have “never been about restricting free speech but rather breaking the ties that bind TikTok to the regime in Beijing.”

“This law protects Americans from the national security risks posed by the current ownership of TikTok in a manner that is consistent with the Constitution,” she said.