A panel of three federal Appeals Court judges ruled unanimously Friday to uphold a law that could potentially ban TikTok in the U.S.
The legislation, passed in April by Congress and signed into law by President Joe Biden, requires TikTok to sell to an American owner by Jan. 19, 2025, or face an effective ban.
In the court’s majority opinion, the justices said, “We recognize that this decision has significant implications for TikTok and its users.” If the platform does not divest, the court said it “will effectively be unavailable in the United States, at least for a time.”
“Consequently, TikTok’s millions of users will need to find alternative media of communication,” the opinion continued.
Friday’s decision sets the table for TikTok to take its case to the Supreme Court. A source close to the company confirmed that the company will be seeking an injunction pending its appeal to the Supreme Court.
President-elect Donald Trump, once he takes office, can grant a 90-day extension “based upon progress” toward the divestiture order, the opinion said. During his campaign, Trump said he would “save TikTok” if elected, though opinions among his announced Cabinet members are mixed on whether or not TikTok should face a ban.
TikTok argued to the judges that the order to sell the platform was unconstitutional, violating the company’s First Amendment rights, and that China does not influence TikTok’s algorithms. TikTok’s lawyers argued that it was being unfairly singled out. TikTok creators have also argued that the platform has been unfairly targeted, noting that user data from U.S. tech companies has also been collected and sold to anyone in the world, including China.
TikTok has also become a powerful tool for Americans to make money, promote small businesses, and have their voices heard. It is used by around half of the U.S. population, including dozens of politicians.
This is breaking news. This article will be updated.
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