The U.S. Court of Appeals for the District of Columbia Circuit has upheld a federal law banning TikTok, citing national security risks associated with the app’s Chinese ownership. The law requires ByteDance, TikTok’s parent company, to sell the platform to an American buyer by January 19, 2025, or face a ban.
The court rejected TikTok’s argument that the ban violated First Amendment rights, stating that Congress acted within its authority to protect U.S. citizens from potential data misuse by the Chinese government. Judge Douglas Ginsburg wrote that the law was “essential to protect our national security.”
TikTok sued the government earlier this year, claiming the ban was unconstitutional. However, the court sided with lawmakers, emphasizing TikTok’s expansive reach and the risks posed by its ownership structure.
Under the ruling, ByteDance must divest TikTok to comply with the law, although a 90-day extension could be granted if substantial progress toward divestiture is shown. The court acknowledged the impact on millions of U.S. users but attributed the burden to China’s practices rather than the U.S. government’s actions.
Congress passed the ban earlier this year, arguing that TikTok’s data practices and ties to the Chinese Communist Party posed a significant threat to American privacy and security. The platform has been under scrutiny for years, with lawmakers pushing for tougher measures to limit foreign influence in U.S. technology.
As ByteDance faces mounting pressure to comply, the ruling underscores the growing resolve in Washington to counter perceived threats from foreign-owned tech platforms. The decision sets the stage for further legal battles as TikTok considers appealing to the Supreme Court.
