TikTok's parent company, ByteDance, has lost its latest appeal in US courts to prevent a potential ban on the popular social media app. A federal appeals court refused to block the Protecting Americans from Foreign Adversary Controlled Applications Act, leaving ByteDance with the difficult choice of selling TikTok or facing a ban in the US. The company may still appeal to the Supreme Court.
The Protecting Americans from Foreign Adversary Controlled Applications Act
Signed into law by President Joe Biden in April 2024, the Act designates the People's Republic of China as a "foreign adversary" and prohibits the use of apps controlled by the country within the US. The law is set to take effect on January 19, 2025, giving affected companies until then to comply by selling their apps to non-Chinese entities.
First Amendment Arguments
ByteDance argued that the ban violates the First Amendment right to free speech, as TikTok operates in the US through a subsidiary headquartered in California. However, the court rejected this argument, citing TikTok's ties to China through ByteDance and the potential for manipulation by the Chinese government for propaganda or censorship.
Potential Impact of the Upcoming Presidential Administration
President-Elect Donald Trump has publicly opposed the ban, raising the possibility that he might attempt to overturn it after taking office.
