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The United States Court of Appeals for the District of Columbia Circuit has rejected TikTok’s emergency motion to temporarily block a law that could ban the app in the US unless its Chinese parent company, ByteDance, divests from it. The decision intensifies uncertainty surrounding TikTok’s future in the country as a critical deadline approaches.
TikTok filed the emergency motion earlier this week, seeking to delay enforcement of the law signed by President Joe Biden, which mandates ByteDance to divest from the popular video-sharing app by January 19, 2025, or face a nationwide ban. However, the court dismissed the motion, emphasizing the lack of precedent for blocking a law after its constitutionality has been upheld.
“The petitioners have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court,” the court stated.
It added that TikTok’s arguments relied heavily on free speech claims, which had already been rejected in a prior ruling last week.
The law reflects bipartisan efforts to address growing concerns over TikTok’s ownership by ByteDance, a Chinese company. US lawmakers and officials argue that TikTok poses a national security risk, citing fears of user data being accessed by the Chinese government or the platform being used for propaganda purposes.
The legislation, signed into law earlier this year, builds on previous attempts during the Trump administration to ban TikTok outright, which were stymied by legal challenges. By setting a firm deadline and a divestment requirement, the current law seeks to resolve those earlier hurdles while underscoring the priority of safeguarding US user data.
TikTok’s Response and Next Steps
Following the appeals court’s rejection, TikTok announced its intention to escalate the case to the US Supreme Court. The company reiterated its position that the law is unconstitutional and expressed concern over the implications for its 170 million American users.
“As we have previously stated, we plan on taking this case to the Supreme Court, which has an established historical record of protecting Americans’ right to free speech,” TikTok said in a statement.
“The voices of over 170 million Americans here in the US and around the world will be silenced on January 19th, 2025 unless the TikTok ban is halted.”
TikTok has also described the required divestment as “technically unfeasible” within the given timeframe. Beijing has echoed TikTok’s opposition, condemning any forced sale of the app as an overreach.
Potential Impact
If ByteDance fails to comply with the law, TikTok could face removal from app stores in the United States, preventing downloads and updates. This would significantly impact millions of creators, businesses, and users who rely on the platform for content creation, entertainment, and communication.
As the January 19, 2025 deadline approaches, the legal battle over TikTok’s future is set to escalate, with the Supreme Court expected to play a decisive role in the outcome
