Federal Appeals Court to Decide TikTok's US Future Next Week
A US federal appeals court will determine TikTok's fate in the United States by December 6, deciding whether to uphold legislation requiring ByteDance to divest the platform by January 19, 2024, or face a nationwide ban.
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Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are reviewing legal challenges from TikTok and its users. The court has several potential rulings:
- Uphold the law, forcing TikTok to appeal to the Supreme Court or full DC circuit
- Rule the law unconstitutional as a "Bill of Attainder" targeting ByteDance specifically
- Direct the government to formally certify TikTok as a national security threat
- Declare the law unconstitutional based on Americans' free speech rights
The Justice Department argues TikTok poses national security risks due to Chinese ownership and potential data access. They claim China could manipulate information Americans consume through the platform.
ByteDance and TikTok maintain the law violates America's open internet traditions. President-elect Trump, previously supporting a ban, now opposes it, citing concerns about benefiting Meta platforms that suspended his accounts.
The District of Columbia Appeals Court typically issues rulings on Tuesdays and Fridays, with the decision expected by December 6.
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