TikTok has suffered another legal setback in its fight against an impending practical ban in the United States. The federal appeals court responsible for the District of Washington on Friday rejected a request by the operator of the popular short video app to delay the implementation of a US law that no longer allows TikTok to be offered through the App Store in the United States. Will give. From mid-January. This should not only apply if Chinese parent company ByteDance sells its shares by then.
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Judges of the Court of Appeals for the District of Columbia (DC) appear in their decision Unhappy with the injunction sought by TikTok. The plaintiffs relied on their claims under the First Amendment, which guarantees free speech, appeals experts write. However, this Court “has previously unanimously concluded that upon close examination the statute meets the requirements of the First Amendment.”
Background: Last week, judges rejected TikTok’s request to strike down the controversial law. He concluded that the US Justice Department’s security concerns were “compelling” and “well-founded”. As a result, the Chinese government is able to use the app to spy on and influence American citizens.
ByteDance considers sale out of question
In April, lawmakers gave TikTok nine months to sever ties with ByteDance. US President Joe Biden still has the option of granting a 90-day extension before January 19 if the sale is underway by then. The appeals court emphasized that the time limit was more than sufficient. The applicants are seeking not merely a delay, “but an injunction against the enforcement of a possibly valid law of Congress.” This would be tantamount to suspending the legal act.
ByteDance does not believe the requested sale to be technically, economically or legally feasible. For example, the Chinese government has banned the export of the recommendation algorithm, considered TikTok’s crown jewel. A company spokesperson reiterated that it would take the matter to the Supreme Court. The Supreme Court “has defended Americans’ right to free speech throughout its history.” If the ban is not lifted, “the voices of more than 170 million Americans in the United States and around the world will be silenced on January 19, 2025.” This law is going to come into effect a day before the end of Biden’s term.
US lawmakers are putting pressure on Apple and Google
The US Justice Department has rejected claims that TikTok would suffer “immediate harm” without giving it more time. It highlighted that US users who have already downloaded the app can continue to use it after January 19. However, no further updates will be available then. TikTok argued that the delay would allow the Supreme Court to “handle the case in a more orderly manner.” Furthermore, the new administration under Donald Trump will have more time to “determine its position on this extremely important matter.”
At the same time, the chairmen of the China Committee of the House of Representatives sent a letter to Google and Apple on Friday. He called on tech companies to remove TikTok from their app stores by January 19. TikTok was warned to complete the required sale. Protection from the influence of the Chinese Communist Party is important.
Trump’s room for maneuver
Trump had unsuccessfully tried to ban TikTok during his first term in 2020. He has since changed his mind: a former and future head of the US government recently said that he would not allow the service to be banned. “I will save TikTok,” he promised in June. His former campaign manager Kellyanne Conway recently told The Washington Post that Trump values the capabilities and reach of social media services. Republicans see options to hold China accountable without alienating the app’s millions of American users, and especially young potential voters.
The fact that Jeff Yass, one of his major donors, has a large stake in ByteDance may also have played a role in Tump’s change of heart. American law professor Anupam Chander believes so. Therefore Trump may urge Congress to lift the TikTok ban. But it won’t be easy, because the law was passed with overwhelming majorities from both groups, Chander explained to ZDFAlternatively, Trump could order the Justice Department not to enforce the law. It would be possible to get Apple, Google and the company to promise that they will not be prosecuted for violations. In theory, affected US companies face fines of up to $5,000 for each user who is still able to re-download the app.
According to ZDF, another option being discussed would be to help Trump find a US buyer. His former Treasury secretary, Steven Mnuchin, expressed interest in it in March. There is also “Project Texas” started by TikTok. Accordingly, the company will store all data of US users within the United States as part of the partnership with Oracle. During the hearing, MPs also expressed objection to this. According to Chander, Trump can try to remove these and achieve a satisfactory situation for TikTok.
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