TikTok loses attempt to overturn law banning it in the US

TikTok loses attempt to overturn law banning it in the US


new York
CNN

TikTok has lost its attempt to overturn a law that could lead to a ban on the platform in the United States.

A U.S. appeals court upheld the law in a ruling Friday. The justices rejected TikTok’s argument that the law was unconstitutional, finding that the law neither “violates the First Amendment to the Constitution of the United States” nor “violates the Fifth Amendment’s guarantee of equal protection of the laws.” .

The ruling, which TikTok is expected to appeal, means the platform is one step closer to a US ban – unless it can convince Chinese parent company ByteDance to sell and find a buyer – from April 19 January 2025. After the deadline, US app stores and internet services could face large fines for hosting TikTok if it is not sold. (Under the law, Biden can grant a one-time extension.)

President Joe Biden signed a bill in April that would require the platform to be sold to a new, non-Chinese owner or banned in the United States, after years of concerns on Capitol Hill that ByteDance posed a national security risk. In particular, lawmakers fear that ByteDance could hand over user data to the Chinese government for surveillance or that the Chinese government could force the company to use TikTok’s algorithm to spread propaganda.

TikTok sued in May to block the law, saying it violated the free speech of its more than 170 million American users and unfairly singled out the platform. The court combined this lawsuit with claims from a group of individual TikTok creators.

In a hearing in September, U.S. government lawyers argued that TikTok’s algorithm was controlled by its Chinese parent company and could be used to influence American users.

In their ruling, a three-judge panel of the U.S. Court of Appeals for the District of Columbia acknowledged that TikTok’s American users “create and view all forms of free expression and interact with one another and with the world.”

However, they wrote, “Partly because of the platform’s broad reach, Congress and successive presidents have decided that removing it from (the People’s Republic of China) control is essential to protecting our national security.”

The court’s ruling Friday was largely left to Congress, finding that lawmakers acted within their constitutional powers and followed proper procedures in crafting the TikTok law. The legislation “narrowly addresses” the specific issue of TikTok’s China ties, the justices said, and “does not suppress content or require a particular mix of content.”

“People in the United States would continue to be free to read and share as much PRC propaganda (or other content) as they wish on TikTok or any other platform of their choice,” the judges said. “The aim of the law is the ability of the People’s Republic of China to secretly manipulate the content. Understood this way, the government’s rationale is fully consistent with the First Amendment.”

TikTok did not immediately respond to a request for comment.

This is a developing story and will be updated.

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