TikTok's Appeal to Overturn Ban Bill Denied by Federal Court
TikTok’s defense evoked the First Amendment in hopes of preventing a ban that could take effect as soon as January 2025.
UPDATE: According to Associated Press, the bill aimed at banning TikTok in January was unanimously upheld by a Federal Court on Friday, December 6. TikTok’s appeal to overturn the law requiring it to cut ties with Chinese company ByteDance was denied by the U.S. Court of Appeals, which argued against the app’s invocation of First Amendment free expression rights. The court’s opinion stated that “The First Amendment exists to protect free speech in the United States.” The opinion written by Judge Douglas Ginsburg continued, “Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”
In April, President Joe Biden signed a bill to ban the app in the US unless Chinese owner ByteDance agrees to sell it off to a third party. TikTok responded by filing a lawsuit against the US government.
Another suit was filed by a group of content creators on the platform. Both suits are asking for the court to block enforcement of the “ban or sell” legislation.
The following month, it was announced that a federal appeals court would be hearing the case in September. The case heads to court on Monday morning to be heard before a three-judge panel. Attorneys for both sides of the argument will be present. The case is anticipated to reach the US Supreme Court.
In court on Monday, TikTok will have just 15 minutes to make its case to the judges.
Stay tuned for more updates on this developing story.
