TikTok faces US ban after losing Appeals Court battle
TikTok has suffered a major setback in its years-long struggle to remain operational in the United States. A federal appeals court upheld a law on Friday requiring ByteDance, the Chinese company that owns TikTok, to divest its US operations to a non-Chinese entity by January 19, 2025, or face a complete ban in the country.
The decision marks a significant milestone in the ongoing clash between the US government and TikTok over national security concerns. Lawmakers and intelligence officials argue that TikTok, with its 170 million US users, poses a risk because its parent company, ByteDance, could potentially allow the Chinese government access to sensitive user data or manipulate the app’s content for propaganda purposes. However, the US government has not disclosed evidence of such activities.
Judge Douglas Ginsburg authored the ruling, which attributed the potential burden on TikTok users to what he described as China’s “hybrid commercial threat to US national security.” He added that the decision was the result of a “multi-year process” aimed at finding an alternative to a ban.
TikTok’s response and next steps
TikTok, however, has greatly opposed the ruling. In a statement, company spokesperson Michael Hughes announced plans to appeal to the US Supreme Court.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” Hughes said. “The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”
The company has maintained that there are more feasible solutions than divestiture, citing technological, commercial, and legal challenges. TikTok also insists that its US operations are independent, with user data stored and managed by Oracle, an American company, and offices in Los Angeles and Singapore.
Civil and digital rights groups have also voiced concerns, labeling the ban an act of censorship. In a letter to Congress, organizations including the ACLU and the Electronic Frontier Foundation argued that a national privacy law would better protect user data than banning TikTok.
The broader implications
The court’s decision comes amid heightened scrutiny of Chinese technology companies and their role in the US. In 2023, Montana became the first state to pass a TikTok ban, although the law was blocked before implementation. The US government has described its efforts as part of a broader bipartisan strategy to counter potential threats from the People’s Republic of China.
As the January 19 deadline approaches, TikTok’s millions of US users face uncertainty. If the Supreme Court declines to intervene, ByteDance will need to find a buyer—or risk losing access to the lucrative US market entirely.
