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USA, TikTok loses appeal: sale or it will be banned. But ByteDance appeals to the Supreme Court

A three-judge panel of the US Court of Appeals for the District of Columbia Circuit ruled that Congress has the power to act against TikTok to protect US interests

2' min read

2' min read

It will probably all be decided, once in the White House, by Donald Trump. But in the meantime, for TikTok, the road in the United States is an uphill one. A US federal appeals court has in fact ruled that the short video social network, owned by Chinese giant ByteDance, can be banned in the US on national security grounds, upholding a federal law that requires the popular social media app to abandon its Chinese ownership in order to continue operating.

In essence, a three-judge panel of the District of Columbia Circuit Court ruled that Congress has the power to act against TikTok to protect US interests.

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The ruling - reports the Wall Street Journal - rejected a First Amendment challenge filed by the Chinese company and many of its most famous users, who argued that the ban was an unconstitutional violation of free speech.

"The First Amendment exists to protect free speech in the United States," Justice Douglas Ginsburg wrote. "In this case, the government acted solely to protect that freedom from an adversary foreign nation and to limit the latter's ability to collect data on persons in the United States."

The 'sell or ban' bill, signed by President Biden in April, was passed with bipartisan support after lawmakers received confidential briefings from the intelligence community on China's ability to use TikTok to surveil Americans and spread Chinese propaganda.

Trump effect

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As said, given the timing, the feeling is that everything will pass into the hands of Donald Trump, who will return to the White House in January. And what he will want to do is truly an enigma. Because despite the fact that in 2019, Trump himself tried hard to ban TikTok US, demanding its sale to an American company (on pain of being blocked), this time things look different. The tycoon spoke out against banning TikTok during his last campaign, effectively changing his position quite sharply.

Currently, more than 170 million Americans use TikTok. And a Pew Research survey released in September showed that about 17 per cent of US adults regularly receive news from the app, a five-fold increase since 2020.

The lawmakers said the legislation is necessary to prevent China from using the app to obtain information about US citizens or spread propaganda. The US government provided no evidence that China used the app to influence US citizens or steal data as part of the case.

ByteDance recurs

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As expected, ByteDance's response was not long in coming. In fact, the company that owns TikTok has announced that it has decided to appeal to the Supreme Court to overturn the law passed by the US Congress. The platform justified its appeal by arguing that the law violates the First Amendment of the US Constitution, the one on freedom of expression. The issue, in short, is really thorny. And it is only just beginning.

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