TikTok’s two paths to avoid US ban: Beg SCOTUS or woo Trump
On Friday, a US appeals court upheld a federal law that could ban or force a sale of TikTok early next year.
Biden signed the Protecting Americans from Foreign Adversary Controlled Applications Act into law in April, and the US was soon after sued by TikTok and its Chinese owner, ByteDance, as well as a group of individual TikTok users in the US. These plaintiffs tried and failed to enjoin the attorney general from enforcing the law, which takes effect January 19, 2025—a day before Donald Trump's first day in office.
In the ruling, the US Court of Appeals for the District of Columbia Circuit rejected all constitutional claims, including free speech claims that had notably blocked prior TikTok bans during Trump's last administration. In siding against TikTok and its fans, the court's decision likely surprised some law professors who had warned earlier this year that TikTok seemingly had a strong First Amendment defense.