A US appeals court has denied TikTok’s urgent request to block a law that may force a US ban unless its Chinese parent company, ByteDance, divests by 19 January. The decision now pushes TikTok to appeal to the US Supreme Court before the deadline.
Court Rejects Emergency Appeal
On Friday, the US Court of Appeals for the District of Columbia ruled against TikTok and ByteDance’s bid to delay the implementation of the law. The ruling stated that TikTok did not provide any precedent where a court halted a law’s enforcement while awaiting Supreme Court review.
Without immediate legal relief, TikTok must now swiftly approach the Supreme Court to prevent the potential ban.
TikTok Warns of Platform Shutdown
TikTok and ByteDance argued that the law threatens to shut down the platform, which serves over 170 million US users. The companies claim the law restricts free speech and unfairly targets the app.
National Security Concerns Drive Law
The law mandates that ByteDance sell TikTok by 19 January or face a nationwide ban. The US government cites national security concerns, alleging that Chinese control of TikTok could risk American users’ data security.
The US Justice Department maintains that ByteDance’s continued ownership of TikTok poses a threat. TikTok refutes these claims, stating that US user data is stored on Oracle-operated servers in the United States, with content moderation decisions also made domestically.
TikTok’s Fate in the Hands of Leadership Transition
If the Supreme Court does not intervene, the decision leaves TikTok’s future up to President Joe Biden, who could grant a 90-day extension on the divestment deadline. Former President Donald Trump, set to take office on 20 January, previously attempted to ban TikTok in 2020 but has recently stated he opposes the ban.
Next Steps for TikTok
TikTok must now urgently pursue a Supreme Court appeal to prevent the ban. The platform’s survival in the US hinges on the outcome of the appeal, the willingness of ByteDance to sell the app, and the decisions of the incoming administration.