A U.S. federal appeals court has rejected TikTok’s attempt to overturn a law that would force the app to be sold or banned in the country starting in early 2025.
TikTok argued the law violates the U.S. Constitution, claiming it severely impacts free speech for its 170 million American users. However, the court upheld the legislation, noting it was the result of bipartisan congressional action to address national security concerns linked to the app’s Chinese ownership.
The U.S. government cites TikTok’s alleged ties to the Chinese state—claims denied by TikTok and its parent company, ByteDance. The court ruled the law was “carefully crafted” to counter potential threats from a “foreign adversary,” namely the People’s Republic of China.
TikTok has vowed to escalate the case to the U.S. Supreme Court, with a spokesperson expressing confidence that the court would uphold Americans’ free speech rights. TikTok further criticized the law as being based on “flawed and hypothetical” claims, asserting a ban would unfairly censor its users.
The outcome of the 2024 U.S. presidential election may offer TikTok a reprieve. Although Donald Trump previously sought to ban TikTok during his first term, he stated before the election that he would oppose the ban. However, with Trump’s inauguration set for January 20—just one day after the law takes effect—it remains uncertain whether he will intervene.
Cornell University professor James Grimmelmann cautioned that reversing the ban would face significant political hurdles due to strong bipartisan anti-China sentiment in Congress.
The case has attracted widespread attention from TikTok users and competitors. Tiffany Cianci, a TikTok creator and small business advocate, said she would not move her content to rival platforms like Instagram, citing lower success and greater restrictions on audience control.
Meanwhile, competitors such as Meta, YouTube, and Snap are preparing for a potential TikTok ban by enhancing their short-form video features. Analysts predict a ban would create “major upheaval,” benefiting platforms like Meta while hurting small businesses and creators reliant on TikTok.
Cory Johnson, Chief Market Strategist at Epistrophy Capital Research, emphasized that TikTok’s recommendation engine, powered by advanced AI and vast infrastructure, would be difficult to replicate. He also noted concerns over data privacy, algorithmic manipulation, and TikTok’s scale, referencing recent controversies on platforms like Elon Musk’s X (formerly Twitter).
With TikTok’s fate uncertain, the Supreme Court decision and the incoming administration will play a critical role in determining the app’s future in the U.S.
