What’s next for TikTok after the app potentially gets banned?

What’s next for TikTok after the app potentially gets banned?


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CNN

TikTok’s US-based users could only have a few weeks left to scroll through their For You page before the app is banned in the country starting January 19, 2025.

A U.S. appeals court on Friday upheld the law requiring TikTok to be sold by its Chinese parent company ByteDance or face a ban, dealing a major blow to the social media platform used by more than 170 million Americans becomes.

Under the law, app stores face large fines if they continue to host TikTok after the deadline and it is not sold. For users who have already downloaded the app, this likely means they could continue using it for a while but wouldn’t be able to receive updates, which would ultimately make it buggy and potentially unusable.

Although the ruling increases the likelihood that TikTok will be banned, the matter is not yet a done deal.

TikTok said it would appeal the ruling to the Supreme Court. “The Supreme Court has a proven historical track record of protecting Americans’ right to free speech, and we expect it will do just that on this important constitutional issue,” TikTok spokesman Michael Hughes said in a statement on Friday.

However, the company said it had not deviated from its previous stance that it would not separate from ByteDance. Hughes said: “If the TikTok ban is not stopped, the voices of over 170 million Americans here in the US and around the world will be silenced on January 19, 2025.”

Beyond a successful appeal, there are several other ways to delay or avoid a TikTok ban, including possible support from President-elect Donald Trump after he takes office. President Joe Biden could also technically grant a one-time 90-day extension, although he has not indicated he will do so.

If TikTok appeals the ruling, it could also seek a stay — essentially a pause — of the law while the Supreme Court considers the case, which could mean TikTok at least temporarily avoids the January ban deadline.

Stay or not, there is reason to believe the Supreme Court will make a quick decision in the case. Both TikTok and the US government had previously asked the US Court of Appeals to expedite its decision so that the case could be appealed before the ban deadline expired.

“The Supreme Court could set a schedule for briefing and oral argument in the first week of January,” Josh Schiller, a partner at law firm Boies Schiller Flexner, told CNN.

However, Schiller said TikTok would likely still face an uphill battle in the Supreme Court.

“Given the composure of the Supreme Court, which is largely conservative and ideologically largely in favor of a limited federal government, even with that in mind, I find it difficult to believe that the conservative force on the Supreme Court would not view this as a (national) “Safety case” and therefore decide in favor of maintaining the law, said Schiller.

The Supreme Court could also decide not to review the case. In that case, TikTok could be out of luck, according to Gautam Hans, associate director of the First Amendment Clinic and a professor at Cornell Law School.

“I am skeptical that the Supreme Court will take this case,” he said Hans, who signed an amicus brief supporting TikTok in this case. “They were very careful to word the opinion in a way that would make it less likely that the Supreme Court would grant review, and I think part of that has to do with the national security implications… the court really was.” willing to accept these claims seriously.”

Trump could also be a lifeline for TikTok’s US presence.

Although it was Trump who first tried to ban TikTok from the US during his previous term, he has recently indicated that he no longer wants to ban the app.

Trump said in June – in a video posted on the platform itself – that he would “never ban TikTok.”

However, it is unclear whether Trump will be able to do anything about it, as the ban is set to take effect the day before his inauguration.

Trump could ask Congress to repeal the law, although experts say that attempt would likely fail. From there, he likely has two options: He could order the attorney general not to enforce the law, or he could Announce that TikTok is no longer subject to the law, Alan Rozenshtein, an associate law professor at the University of Minnesota, told CNN last month.

The first approach would be to signal to TikTok’s technology partners like Apple – which by law faces fines if the company continues to host TikTok in its App Store after the deadline – that they should “feel free to do business with TikTok.” to continue,” said Rozenshtein. “But if you’re the general counsel of Apple, does that really give you a lot of confidence? You’re still breaking the law. Trump is very moody.”

The second option would rely on a portion of the law that gives the president the authority to determine whether a “qualified divestiture” of TikTok has occurred. Theoretically, Trump could explain this whether it’s true or not and then have to hope it isn’t challenged in court. This approach may be more successful because “it’s not clear who could sue to enforce the law,” Rozenstein said.

Friday’s ruling renewed concerns about a possible ban on U.S. TikTok users who use the platform to socialize, entertain themselves, seek information and earn a living.

Some TikTok users had previously urged their representatives to vote “no” on the bill. Others said that it was difficult to transfer a large audience from TikTok to another platform as each site has its own unique algorithm and monetization scheme.

“TikTok is a huge part of my income and livelihood, so I don’t want it to falter,” lifestyle content creator Carrie Berk told CNN on Friday. “However, there has been a lot of discussion about banning TikTok since 2020 and nothing has happened yet, so I am skeptical. For now, we can only keep our fingers crossed that it won’t be banned.”

“I’m still hoping TikTok doesn’t get banned in the US, but things aren’t looking good right now,” another user said in a video posted to the platform on Friday.

However, not every TikTok user is so worried.

“I don’t think it will be banned because of the millions of small US businesses that rely on the app,” Keenya Kelly, a content strategist and creator who uses TikTok, told CNN. “While I think they will force TikTok to do some things they don’t want to do, I don’t think it will be banned completely.”

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