A recent court decision could lead to a ban on TikTok in the U.S. unless its Chinese parent company, ByteDance, sells the app. A panel of judges from the DC Circuit Court of Appeals unanimously ruled that a bill aimed at banning TikTok is constitutional.

This decision comes just before the deadline for ByteDance to sell TikTok, which is January 19, 2025. This date is just one day before President-elect Donald Trump’s second inauguration.

Although Trump had previously tried to ban TikTok, his views have changed during his campaign. He now believes banning TikTok would help his rival, Meta. Even though Trump’s allies had expected him to stop the ban, his options are limited.

The law allows for a 90-day extension, but only if progress is made toward the sale. Trump could also ask the Department of Justice not to enforce the law, but this would still leave companies like Google and Apple in a difficult position if the law is enforced later.

The court ruled that the law could stand under the First Amendment, meaning it does not violate freedom of speech, and dismissed TikTok’s argument about unfair treatment. The court emphasized the national security risks posed by TikTok, particularly fears about China using the app to collect data or influence what Americans see.

The judges also noted that TikTok’s concerns about selling the app are mainly due to resistance from the Chinese government, not the law itself.

TikTok has said it believes the ban is based on flawed and inaccurate information and that it will unfairly silence millions of Americans. The company is also considering appealing the decision to the Supreme Court.

Despite opposition from Trump, many Republicans in Congress supported the bill, which was signed into law by President Joe Biden. Supporters say the law is needed to protect American privacy and prevent foreign influence, as Chinese law could force companies to share data with the government.

While TikTok has repeatedly stated that it operates independently of ByteDance and stores U.S. data outside of China, lawmakers are still concerned about the possibility of Chinese influence over the app.

TikTok, along with a group of creators, argued in court that the law would limit free speech and restrict Americans’ access to information. The Department of Justice, however, defended the law, saying it was necessary to address national security risks. The three-judge panel seemed skeptical of TikTok’s arguments and suggested that a more limited approach might not be enough.

The court’s decision can still be appealed to the full panel of judges, and eventually, the Supreme Court could have the final say.

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