US appeals court upholds TikTok law forcing its sale
A U.S. federal appeals court on Friday upheld a law requiring Chinese-based ByteDance to divest its popular short video app TikTok in the United States by early next year or face a ban, News.az reports citing Reuters.
The decision is a win for the Justice Department and opponents of the Chinese-owned app and a devastating blow to ByteDance. The ruling now increases the possibility of an unprecedented ban in just six weeks on a social media app used by 170 million Americans.
The ruling is expected to be appealed to the Supreme Court.
Free speech advocates immediately criticized the decision. The American Civil
Liberties Union said it sets a "flawed and dangerous precedent."
"Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with people around the world,” said Patrick Toomey, deputy director of the ACLU's National Security Project.
But the appeals court said the law “was the culmination of extensive, bipartisan action by the Congress and by successive presidents. It was carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the PRC (People's Republic of China)."
U.S. appeals court Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg considered the legal challenges brought by TikTok and users against the law that gives ByteDance until Jan. 19 to sell or divest TikTok's U.S. assets or face a ban.
The decision -- unless the Supreme Court reverses it -- puts TikTok's fate in the hands of first President JoeBiden on whether to grant a 90-day extension of the Jan. 19 deadline to force a sale and then President-elect Donald Trump, who takes office on Jan. 20. But it's not clear whether ByteDance could meet the heavy burden to show it had made significant progress toward a divestiture needed to trigger the extension.
Trump, who unsuccessfully tried to ban TikTok during his first term in 2020, said before the November presidential election he would not allow the TikTok ban.
TikTok said it expected the Supreme Court would reverse the appeals court decision on First Amendment grounds.
"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," TikTok said in a statement, adding the law will result "in outright censorship of the American people."
The Justice Department did not have an immediate comment on the decision.
The decision upholds the law giving the U.S. government sweeping powers to ban other foreign-owned apps that could raise concerns about collection of Americans' data. In 2020, Trump also tried to ban Tencent-owned WeChat, but was blocked by the courts.
Shares of Meta Platforms (META.O), opens new tab, which competes against TikTok in online ads, hit an intraday record high following the ruling, last up over 3%. Google parent Alphabet (GOOGL.O), opens new tab, whose YouTube video platform also competes with TikTok, was up over 1% following the ruling.
The decision is a win for the Justice Department and opponents of the Chinese-owned app and a devastating blow to ByteDance. The ruling now increases the possibility of an unprecedented ban in just six weeks on a social media app used by 170 million Americans.
The ruling is expected to be appealed to the Supreme Court.
Free speech advocates immediately criticized the decision. The American Civil
Liberties Union said it sets a "flawed and dangerous precedent."
"Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with people around the world,” said Patrick Toomey, deputy director of the ACLU's National Security Project.
But the appeals court said the law “was the culmination of extensive, bipartisan action by the Congress and by successive presidents. It was carefully crafted to deal only with control by a foreign adversary, and it was part of a broader effort to counter a well-substantiated national security threat posed by the PRC (People's Republic of China)."
U.S. appeals court Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg considered the legal challenges brought by TikTok and users against the law that gives ByteDance until Jan. 19 to sell or divest TikTok's U.S. assets or face a ban.
The decision -- unless the Supreme Court reverses it -- puts TikTok's fate in the hands of first President JoeBiden on whether to grant a 90-day extension of the Jan. 19 deadline to force a sale and then President-elect Donald Trump, who takes office on Jan. 20. But it's not clear whether ByteDance could meet the heavy burden to show it had made significant progress toward a divestiture needed to trigger the extension.
Trump, who unsuccessfully tried to ban TikTok during his first term in 2020, said before the November presidential election he would not allow the TikTok ban.
TikTok said it expected the Supreme Court would reverse the appeals court decision on First Amendment grounds.
"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," TikTok said in a statement, adding the law will result "in outright censorship of the American people."
The Justice Department did not have an immediate comment on the decision.
The decision upholds the law giving the U.S. government sweeping powers to ban other foreign-owned apps that could raise concerns about collection of Americans' data. In 2020, Trump also tried to ban Tencent-owned WeChat, but was blocked by the courts.
Shares of Meta Platforms (META.O), opens new tab, which competes against TikTok in online ads, hit an intraday record high following the ruling, last up over 3%. Google parent Alphabet (GOOGL.O), opens new tab, whose YouTube video platform also competes with TikTok, was up over 1% following the ruling.
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