Federal appeals court rejects TikTok’s bid to overturn US ban

A federal appeals court on Friday rejected TikTok’s bid to overturn a law banning the platform unless the corporation finds a recent owner. The loss moves the app closer to a U.S. ban, which is set to receive result on Jan. 19, 2025.

TikTok had challenged the law on First Amendment grounds, arguing that a potential ban would deny American users access to a popular venue for community expression. Attorneys for the corporation also disputed claims that the app poses a national safety uncertainty.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled against the app, which boasts more than 170 million U.S. users.

The China-based app has faced growing scrutiny from government officials over fears that user data could fall into the possession of the Chinese government and the app could be weaponized by China to spread misinformation. TikTok’s parent corporation, ByteDance, has denied those claims.

In its ruling, the court found merit in safety concerns about potential data collection or content manipulation undertaken by the Chinese government, referring to it by its formal name as the People’s Republic of China, or PRC.

Each of those two concerns “constitutes an independently compelling national safety gain,” the court view said. The court cited previous instances in which the Chinese government pursued data, noting the government’s use of relationships with Chinese-owned businesses.

In a statement to ABC information on Friday, TikTok urged the Supreme Court to overrule the selection.

“The Supreme Court has an established historical record of protecting Americans’ correct to free talk, and we expect they will do just that on this significant constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people,” TikTok said.

“The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the globe on January 19th, 2025,” the corporation added.

There is little evidence that TikTok has shared U.S. user data with the Chinese government or that the Chinese government has asked the app to do so, cybersecurity experts previously told ABC information.

President-elect Donald Trump has voiced opposition to a potential ban of TikTok. The president is expected to try to stop the ban of TikTok after he takes office, The Washington Post reported last month, citing people familiar with his views on the matter.

The most straightforward way to reverse the policy would be a repeal of the law that enacted the ban in the first place, experts previously told ABC information.

A repeal would require passage in both houses of Congress, landing the assess on Trump’s desk for his signature.

Trump may encounter hardship gaining back for repeal of the assess among lawmakers, however.

Congress voted in favor of the ban earlier this year. In the House of Representatives, the ban passed by an overwhelming spread of 352-65. In the Senate, 79 members voted in favor of the assess, while 18 opposed and 3 abstained.