TikTok’s future in the U.S. appeared uncertain on Friday after a federal appeals court rejected a legal challenge the company brought against a law that requires it to cut ties with its China-based parent company or be banned by mid-January.
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A panel of three judges on The U.S. Court of Appeals for the District of Columbia Circuit ruled unanimously that the law withstood constitutional scrutiny, rebuffing arguments from the two companies that the statute violated their rights and the rights of TikTok users in the U.S.The government has said it wants ByteDance to divest its stakes in TikTok.
The appeals court ruling, written by Judge Douglas Ginsburg, said the law was “carefully crafted to deal only with control by a foreign adversary." The judges also rejected the claim that the statute was an unlawful bill of attainder or a taking of property in violation of the Fifth Amendment. Furthermore, Ginsburg wrote the law did not violate the First Amendment because the government is not looking to “suppress content or require a certain mix of content” on TikTok.
Alan Morrison, a professor at The George Washington University Law School, said he expects the Supreme Court to take up the case because of the novelty of the issues raised in the lawsuit. If that happens, attorneys for the two companies still have to convince the court to grant them an emergency stay that will prevent the government from enforcing the Jan. 19 divestiture deadline stipulated in the law, Morrison said.
After Trump takes office on Jan. 20th, it would fall on his Justice Department to enforce the law and punish any potential violators. Penalties would apply to any app stores that would violate a prohibition on TikTok and to internet hosting services which would be barred from supporting it.
Alan Morrison Politics Karoline Leavitt Donald Trump Tiffany Cianci World News U.S. News Douglas Ginsburg Technology John Moolenaar Craig Singleton Business
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