TikTok’s battle to remain in the United States suffered a major blow Friday, as a US appeals court upheld a law requiring the platform to be sold to a non-Chinese owner or face a ban. The decision puts TikTok closer to removal from US app stores starting January 19, 2025, unless parent company ByteDance complies.
In its ruling, the three-judge panel of the US Court of Appeals for the District of Columbia rejected TikTok’s arguments that the law violates the First and Fifth Amendments of the Constitution, emphasizing that Congress acted within its powers to address national security concerns.
The law, signed by President Joe Biden in April, reflects growing bipartisan concerns that TikTok’s Chinese ownership could pose a national security threat. Lawmakers fear ByteDance could share American user data with the Chinese government or manipulate TikTok’s algorithm to spread propaganda.
“Congress and multiple Presidents determined that divesting [TikTok] from the PRC’s control is essential to protect our national security,” the court wrote, siding with the government’s concerns about the platform’s reach and influence.
The ruling noted that TikTok’s wide-ranging content, including free expression by its 170 million American users, isn’t being suppressed. Instead, the legislation targets the potential for covert manipulation of that content by TikTok’s Chinese owners.
TikTok, which sued to block the law in May, argued that it unfairly singled out the platform and infringed on its users’ rights. It also highlighted a previous draft agreement with US national security officials, which TikTok claimed would have resolved security concerns.
However, the court dismissed TikTok’s objections and concerns over the negotiations. The judges wrote that they “can neither fault nor second guess” the US government’s decision to deem the proposed deal insufficient.
With the January 2025 deadline looming, TikTok’s future in the US now depends on whether ByteDance agrees to sell the platform—a move the company has strongly resisted. Failure to sell could lead to a ban, with US app stores and internet services facing penalties for hosting TikTok after the deadline.
President Biden has the authority to grant a one-time extension of the deadline, but ByteDance’s unwillingness to sell raises doubts about whether the platform can avoid a ban.
