Appeals court upholds law that could ban TikTok in U.S.

The U.S. Court of Appeals for the District of Columbia Circuit rejected an appeal on Friday to overturn the law that could ban the short-form video app TikTok from the United States. The law would implement the ban unless TikTok cuts ties with Chinese parent company ByteDance. President Joe Biden signed legislation in April that would ban the app within a year if TikTok was still owned and managed by a China-based company. Legislators passed the measure based on security and censorship concerns the app posed.

What was TikTok’s argument for overturning the law? ByteDance alleged that the law was unconstitutional in a federal lawsuit against the Biden administration. The law illegally singled out TikTok for legislative punishment, violating equal protection and due process principles, the lawsuit alleged. ByteDance also alleged the law violated the 5th Amendment protections against uncompensated property seizure. Friday’s appeal ruling reaffirmed a lower court ruling on TikTok’s complaint that the law did not violate the Constitution. As it stands, U.S.-based users will be blocked from accessing TikTok by mid-January if the platform is not sold.

What did the justices say in their opinion? The law aimed to protect the American right to free speech from a foreign adversary, according to the opinion penned by Judge Douglas Ginsburg. The measure is specifically tailored to protect national security, not hamper free speech, the opinion noted. ByteDance is expected to appeal the ruling to the Supreme Court before the Jan. 19 sale deadline.

Dig deeper: Read Travis K. Kircher’s previous report on the lawsuit for more details.