Emily Baker-White is an investigative reporter and senior writer at Forbes. She joined Forbes from BuzzFeed News in 2022 and covers the way tech companies shape our discourse, commerce, and culture. Baker-White’s coverage of TikTok has been widely cited by lawmakers, regulators and other news outlets.
Earlier today, the D.C. Circuit Court of Appeals issued a decision upholding the TikTok divest-or-ban law, more formally known as the Protecting Americans From Foreign Adversary Controlled Applications Act . That means on January 19, Apple and Google will be required to remove TikTok from their app stores, unless a sale happens control our digital information ecosystem. The court continued:
When laws trigger heightened scrutiny, they are far less likely to survive on appeal because the bar is raised to make sure they don’t impinge on freedom of speech. But in this instance, the court ruled that the government’s reasons for passing the law were compelling enough, and that the law itself was narrow enough, to outweigh TikTok’s and the creators’ concerns.
TikTok argued that Project Texas was meticulous and robust, and that the government should’ve accepted it as a way to solve itswithout resorting to a full ban. But the government argued that the yearslong negotiation just showed just why TikTok’s plan was insufficient. Here, the court deferred heavily to the government:
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