TikTok's fate

Photo Credit: Wesley Tingey

A US federal appeals court is expected to rule next week whether to uphold a law requiring ByteDance to divest TkTok by early next year.

Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are expected to rule by December 6 whether to uphold a law requiring Chinese-based ByteDance to divest TikTok in the United States by January 19, or face a nationwide ban. The federal appeals court is currently considering the legal challenges brought by TikTok and users against the ban.

The court could rule to uphold the law, validating the US government’s position, and most likely compelling TikTok to appeal the ruling to the Supreme Court or the full District of Columbia circuit. Similarly, the court could also rule to uphold the law, but say it is unfair legislation that expressly singles out ByteDance and TikTok under the Constitution’s prohibition of “Bills of Attainder,” laws that directly impose a punishment on a specific entity, class, or person.

The Justice Department says TikTok, under Chinese ownership, poses a serious national security threat due to its access to personal data of Americans, with the assertion that China can covertly manipulate information that Americans consume through TikTok. The court could direct the US government to follow a process to potentially certify that TikTok is a national security threat, which would give the platform a lifeline or at least a significant delay in a potential ban.

But it’s also possible the court could agree with TikTok and ByteDance that such a law is unconstitutional and in violation of Americans’ free speech rights. ByteDance and TikTok have called the law a “radical departure from this country’s tradition of championing an open internet.”

Meanwhile, despite having previously been in favor of a ban, President-elect Donald Trump has since said he will not allow TikTok to be banned. This is largely motivated by the assertion that banning the platform would help Facebook and Instagram parent Meta, which has previously suspended Trump’s social accounts, earning his ire.

The District of Columbia Appeals Court typically issues rulings on Tuesdays and Fridays, so a ruling is expected to be issued by Friday, December 6.