Federal Appeals Court Greenlights Imminent TikTok Shutdown

A federal appeals court ruled on Friday that the law mandating the Chinese parent company of TikTok to either divest or face a ban in the U.S. is constitutional. This decision affirms the bipartisan legislation signed by President Joe Biden in April, aimed at addressing national security concerns tied to data practices of ByteDance.

The ruling comes after TikTok, ByteDance, and several users challenged the law, claiming it infringed on First Amendment rights. However, a three-judge panel from the D.C. Circuit Court countered that the potential speech limitations stem from a threat posed by the Chinese government, rather than actions by the U.S. government.

Senior Judge Douglas H. Ginsburg emphasized that the law is a protective measure against foreign threats. “The Government acted solely to protect that freedom from a foreign adversary,” Ginsburg stated, reinforcing the view that national security concerns can justify restrictions in certain contexts.

TikTok now has the option to appeal this ruling, either to the full D.C. Circuit or directly to the U.S. Supreme Court. The law is scheduled to take effect on January 19, just before the inauguration of Donald Trump, who previously attempted a TikTok ban during his presidency.

Jacob Huebert, representing plaintiffs in the case, expressed intentions to appeal to the Supreme Court. He criticized the court’s reliance on national security, arguing that it does not sufficiently address First Amendment rights. Huebert warned that this precedent could threaten free speech across multiple platforms.

Supporters of the law, including bipartisan leaders from the U.S. House Select Committee on the Chinese Communist Party, celebrated the ruling. Chairman John Moolenaar stated, “Today’s ruling is a victory for the American people and TikTok users.” He expressed optimism regarding an American acquisition of TikTok that would ensure its continued accessibility in the U.S.

Raja Krishnamoorthi, the committee’s ranking Democrat, reinforced the notion that TikTok’s ties to ByteDance pose a national security threat that can only be resolved through divestiture. The law has garnered support from various lawmakers, successfully passing the House and Senate with significant bipartisan backing.

Last updated 12:48 p.m., Dec. 6, 2024