close
close

Will TikTok be banned? We will know soon.

Will TikTok be banned? We will know soon.

Published: December 2, 2024

Will TikTok be banned? We will know soon.
Photo by Solen Feyissa via Unsplash

Will TikTok be banned? We will know soon.

By a Movieguide® contributor

On December 6, a US federal appeals court will rule on whether TikTok will be forbidden in the United States

“President-elect Donald Trump said he would not allow TikTok, used by 170 million Americans, to be banned,” Reuters reported November 25.

If passed, the law would take effect in January.

The court can rule in several ways.

“Circuit Judges Sri Srinivasan, Neomi Rao and Douglas Ginsburg are currently reviewing legal challenges brought by TikTok and users against the law that gives ByteDance until January 19 to sell or divest TikTok’s U.S. assets or face a ban ” said Reuters.

“The court could decide to uphold the law, validating the U.S. government’s position and likely forcing TikTok to quickly appeal the decision to the Supreme Court or the full District of Columbia Circuit,” Reuters reported.

Or the court could uphold the law but decide it is unfair to TikTok and delay the ban.

“The Justice Department says Chinese-owned TikTok poses a serious national security threat because of its access to Americans’ vast personal data, saying China can covertly manipulate the information Americans consume through TikTok” , Reuters said.

“The Court could decide to uphold the law,” but also say the ban is unfair by referencing the constitutional ban on “Bills of Attainder.” laws that punish a specific entity, class, or person. This would allow the government to persecute TikTok as a national security threat, delaying the ban while the government determines how to respond to it as an official threat.

LEARN MORE: MONTANA STATE LEGISLATION PASSES LAW BANNING TIKTOK ENTIRELY

However, ABC reported“There is little evidence that TikTok shared U.S. user data with the Chinese government or that the Chinese government directed the app to do so, cybersecurity experts previously told ABC News.”

The court could also rule that the ban is unconstitutional under the right to free speech, as TikTok claims.

“They call this ‘a radical departure from this country’s tradition of championing an open Internet,'” Reuters said. “The Justice Department could appeal to the Supreme Court or a full appeals court.”

Asia News Channel reported“Government lawyers asked the court for a ruling in December to allow time to appeal before the January deadline. If the litigation continues after Trump’s inauguration, the new administration’s Justice Department could abandon its defense of the law.

LEARN MORE: COULD A BAN ON TIKTOK BRING VIEWERS BACK TO STREAMING AND TV?