The federal appeals court upheld the law on Friday that requires TikTok’s Chinese parent to sell the app, or else face a U.S. banning.
The U.S. Court of Appeals in Washington, D.C. has a three-judge panel. Circuit determined that the law did not violate the First Amendment as TikTok had argued. With just over a week until the law takes effect, this decision moves a ban closer to becoming a reality.
The First Amendment protects free speech in the United States. In this case, the government acted solely to protect the freedom of speech from an adversary country and limit its ability to collect data about people living in the United States. The petitions have been denied for these reasons,” wrote the court.
The law was passed quickly by Congress in the early part of this year, amid widespread national security concerns about ByteDance’s parent company, based in China. The law was signed by Biden in April.
ByteDance has nine months – until January 19 – to get rid of TikTok, or else face a ban from U.S. networks. Biden can also choose to grant the company an additional 90 days.
In May, TikTok, ByteDance, and several other content creators sued to block this law, claiming that divestment is virtually impossible. The law has effectively banned TikTok in the entire country, according to their argument.
The Biden administration, however, has claimed that TikTok could be used by China to “achieve” its overarching goal of undermining American interests.
The future of the law divest or ban remains uncertain, despite the victory of the administration.
After launching similar efforts to ban TikTok during his first term, Trump has changed his stance on the app, arguing that a ban would empower Facebook and Meta CEO Mark Zuckerberg.
In September, on the campaign trail, the former President urged Americans to vote for him in order to “save TikTok.”
The Wall Street Journal reports that with a new Trump administration on the horizon, TikTok CEO Shouchew has reached out to Elon Musk, a tech mogul who is reportedly allied to Trump, to gain insight into the incoming government.
