TikTok’s parent company ByteDance’s request to strike down a law that could potentially ban the app in the US has been rejected by three judges. According to The New York Times, the court found the company’s objection invalid in the lawsuit filed by ByteDance against the law, and approved the law requiring the application to be sold to a company outside China by January 19 or agree to be banned. This decision means that dark clouds are increasing for TikTok in the USA.
ByteDance argues that the law unfairly targets TikTok and that a ban would violate users’ right to free expression. The company also states that selling the app is not possible without the approval of the Chinese government. By updating its export control rules in 2020, China aimed to have a greater say in such sales.
Electronic Frontier Foundation (EFF) reacted to the decision, stating that it contradicted democratic values. “Restricting the flow of information, even from foreign dissidents, is fundamentally anti-democratic,” an EFF spokesman said. He reminded that the United States has so far defended the free flow of information and criticized other countries for shutting down internet access or banning social media tools.
ByteDance may consider appealing to the US Supreme Court after this decision. However, there is no guarantee that the court will accept the case. The company may also rely on President-elect Donald Trump’s promise to save the app. ByteDance described this law as censorship and expressed hope that the Supreme Court would protect Americans’ right to freedom of expression.
According to The New York Times, legal experts see no strong legal path to save the app after Trump is inaugurated on January 20, 2025. In his first term, Trump issued a decree limiting American companies’ relationships with the application, citing national security concerns about TikTok. Microsoft announced that it was ready to purchase the application, but this process encountered a number of legal obstacles. President Joe Biden canceled this decision in 2021.
Can TikTok be saved thanks to Donald Trump?
Donald Trump changed his position towards TikTok in early 2024. This change allegedly occurred after a meeting with a Republican donor who had a financial interest in the app. With Biden signing the law that could lead to TikTok’s ban at the beginning of 2025, Trump took on the role of TikTok’s savior. This led him to use TikTok as a political tool to attract young voters to his campaign.
This process, which has become a part of the tensions between the USA and China, seems to shape not only TikTok but also the activities of global technology companies. ByteDance’s future moves and court proceedings could set an important precedent for both freedom of expression and international trade.