Three judges have rejected ByteDance’s petition to overturn a law that could have banned TikTok in the United States. On Friday, the New York Times reported that judges upheld the new law. The new law requires the company to sell its apps to companies outside China by January 19 or face a ban.
ByteDance argued that the law unfairly targets TikTok and that the ban violates users’ First Amendment rights. The company says the sale is impossible because the Chinese government is blocking the sale. In 2020, the country updated its export control rules to give it more say in potential transactions.
In a statement to Engadget, the Electronic Frontier Foundation (EFF) said it was disappointed in the decision. “Restricting the free flow of information, even by foreign adversaries, is fundamentally undemocratic,” an EFF spokesperson said. “In the past, the United States has defended the free flow of information and condemned other countries when they shut down internet access or banned online communication tools such as social media apps.”
ByteDance’s future options include filing an appeal with the U.S. Supreme Court (though there’s no guarantee the Supreme Court will take action), or a vague suggestion that President-elect Donald Trump will “make” the app preservation plan a reality. It includes an expectation that promises will be fulfilled. ByteDance on Friday suggested the ruling amounted to censorship and said it hoped the Supreme Court would protect “Americans’ right to free speech.”
According to a NYT report, legal experts say there is little legal path forward for President Trump to rescue the app after he takes office on January 20, 2025. During his first term, Trump issued an executive order restricting transactions with American apps, citing national security concerns. And it suggests that this app may be a Trojan horse for data collection by the Chinese government. Microsoft was ready and willing to buy if given the chance. The ban faced a series of legal challenges, and President Biden rescinded the order in 2021.
Trump reportedly reversed his position in early 2024 after meeting with Republican mega-donors with large sums of money in the app. The president-elect’s changes were further reinforced after Biden signed legislation that could lead to a ban in early 2025. By the time election season was in full swing, Trump had recast himself as TikTok’s savior, using it as a wedge to attract younger users to the platform. his campaign.
