By Ashley Trinh
The United States Court of Appeals for the District of Columbia Circuit unanimously rejected TikTok’s appeal to overturn the nationwide TikTok ban on Dec. 6. The law was originally passed due to concerns with protecting U.S. national security and restricting the People’s Republic of China (PRC) from accessing American information. Thus, U.S. officials demanded that the ban take effect by January 19 (Sunday) lest TikTok’s parent company, ByteDance, agree to the divestiture (the action of selling or disinvesting) of the social media platform.
Many users are upset with the nationwide ban since TikTok is a primary source of income and entertainment for American citizens. TikTok acknowledges its users’ concerns and has attempted to appeal this decision through the United States Court of Appeals and the Supreme Court; however, both judicial entities ruled in favor of the TikTok divestiture.
For years, government officials have investigated TikTok to protect U.S. national security and the data of the app’s users in the United States. With the TikTok ban finally coming to fruition, U.S. officials stand firm on their decision to follow through with the ban.
In 2019, President Trump declared a national emergency due to speculations of foreign authorities using software to surveil the U.S. through the content of its American users. Thus, multiple investigations regarding cybersecurity and data privacy concerns have been launched since 2019. Similarly, former President Biden shared the same concerns with foreign software supplementing overseas adversaries with intel, furthering these investigations.
However, the released findings disclose no significant evidence that led officials to push for a nationwide ban.
From 2021 to August 2022, TikTok presented a series of proposals for a National Security Agreement (NSA). Several briefings and negotiations were conducted to settle U.S. national security concerns; however, government officials still worried about U.S. cybersecurity.
Then, Congress quickly passed the “Protecting Americans from Foreign Adversary Controlled Applications Act” and the agreement to outlaw TikTok unless ByteDance sold the company. This ban restricts American users from being able to access the social media platform and download this app on their devices.
Once more, TikTok Inc. and Byte Dance, along with Based Politics Inc. and eight content creators from TikTok, appealed this act on constitutional grounds. The petitioners argued that these policies violated their First Amendment Right to free speech and protest. TikTok users view this ban as the censorship of a platform where many Americans can express their opinions to a global audience and protest against social and political issues.
“On the merits, we reject each of the petitioners’ constitutional claims [that] the parts of the Act that are properly before this court do not contravene the First Amendment to the Constitution of the United States, nor do they violate the Fifth Amendment guarantee of equal protection,” District Court Judge Douglas Ginsburg wrote in the majority opinion.
Shortly after the decision, TikTok announced on X their decision to further appeal their case to the Supreme Court.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” [@TikTokPolicy] TikTok said in a statement on X.
Ultimately, the Supreme Court unanimously upheld the U.S. Court of Appeals’ decision, recognizing that the First Amendment rights came into conflict with the government’s national security concerns with TikTok’s ownership.
“We concluded that the challenged provisions do not violate petitioner’s First Amendment rights,” the Supreme Court wrote in an unsigned majority opinion.
Nevertheless, TikTok continues its fight to simultaneously maintain ownership and presence in American media.
Recently, the CEO of TikTok Shou Zi Chew posted an announcement across TikTok’s social media platforms.
“I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,” Chew said.
Despite this announcement, TikTok restricted its American users from the app on the evening of January 18 to comply with the law; however, the following day, TikTok posted a notification that the platform was functional in the United States again.
“Thank you for your patience and support. As a result of President Trump’s efforts, TikTok is back in the U.S.!” TikTok wrote.
Although TikTok is now usable, the app remains removed from the App Store as TikTok continues to collaborate with President Trump for further accessibility. Trump, upon his inauguration on January 20, signed an executive order to extend TikTok’s deadline by 75 days to seek divesture in compliance with the law.
