Trial Court Declines to Postpone TikTok Restriction as Matter Shifts to the Highest Court

Headline

The Judicial Body Declines to Temporarily Lift TikTok Restriction as Matter Transfers to the Supreme Court

A federal appeals court chose not to defer its judgment affirming the federal prohibition on TikTok on Saturday, letting TikTok merely a few weeks to procure a favorable judgment from the Supreme Court prior to the restriction's implementation on January 19.

Crucial Points

The U.S. Court of Appeals for the D.C. Circuit declined to halt its judgment upholding the U.S. government's mandate for TikTok to leave its Chinese parent company ByteDance or face a ban from U.S. app stores, following TikTok's petition for the court to pause the ruling while requesting the Supreme Court to consider the case.

TikTok claimed that suspending the ruling would allow the Supreme Court sufficient time to rule on the case without rushing, as well as preserving the company and its 170 million U.S. users from irreversible damage. Temporarily halting the law would also provide an opportunity for the incoming Trump administration to engage with the legal dispute, according to TikTok, with rumors suggesting Trump's desire to halt the ban, despite the uncertainty concerning how he would accomplish this.

The federal government disputed the need to pause the law, arguing that both parties requested the D.C. Circuit to reach a decision by early December so that there would be sufficient time to appeal a ruling to the Supreme Court, hence eliminating the need for additional time.

In its Friday decision, a three-judge panel of the D.C. Appeals Court upheld the initial ruling, stating that safeguarding Americans from foreign security threats outweighed TikTok's First Amendment rights.

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What to Watch For

Whether the Supreme Court will take up the case. TikTok has yet to file its appeal, and it is uncertain whether the justices will agree to hear the case—let alone rule before the January 19 deadline.

Consequences If the Tiktok Ban Takes Effect

If the federal law banning TikTok is enforced—either on January 19 or later—it would prohibit companies such as Apple and Google from permitting TikTok on their app stores, and block internet service providers like Oracle from enabling TikTok's "distribution, maintenance, or updating." This would prevent Americans from downloading or updating the TikTok app and prevent companies from providing services essential to the app's operation in the U.S., effectively disabling TikTok in the country, according to TikTok. The company could also endeavor to dissociate from ByteDance, which would enable TikTok to continue operating, and either President Joe Biden or President-elect Donald Trump could grant a 90-day extension under the law if TikTok demonstrates it has initiated the divestment process. However, TikTok has so far refused to divest, citing technological, commercial, and legal difficulties.

Surprising Fact

If the TikTok ban becomes effective and Oracle discontinues hosting the app's U.S. user data, this would potentially transfer the data to China, as happened when the app ceased operations in India in 2023. This transfer could make the data more accessible to the Chinese government, which was exactly what the Oracle agreement aimed to prevent.

Could Trump Suspend the Tiktok Ban?

TikTok has argued that if Trump intervenes in the lawsuit over the TikTok ban and opposes the app's prohibition, this could render the need for the Supreme Court to review the ruling unnecessary. However, it is still unclear how Trump could single-handedly save the app without legal consequences. The DOJ could lobby Congress to repeal the ban, which is highly unlikely given the legislation's bipartisan support. Alternatively, Trump could instruct the Justice Department not to enforce the ban, but this might not sway Apple, Google, and Oracle to disregard the law and keep the app available. Trump could also declare that TikTok is in compliance with the law and has adequately dissociated from ByteDance, although this would likely still leave room for legal challenges. Trump's administration could also attempt to negotiate a deal with TikTok that would permit Trump to declare the company in compliance, although this remains uncertain, with the Biden administration having previously rejected TikTok's proposal for a deal. Additionally, Trump could seek to force TikTok to dissociate completely from ByteDance, as China may be more inclined to approve a sale of TikTok to an American owner if Trump withdraws his threat of high tariffs on Chinese imports in exchange.

Biden signed the legislation compeling TikTok to sell off in April, amidst prevalent anxieties from legislators across the political spectrum concerning national security problems related to the renowned app. The authorities' justification for why a ban on TikTok is essential was censored in judicial records and never made public, but Our Website has covered numerous apprehensions concerning the platform, such as TikTok allegedly monitoring journalists, flagging "delicate" phrases, boosting Chinese propaganda criticizing U.S. politicians, and mishandling user data. TikTok has continuously refuted all claims of misconduct or attributed the allegations to particular unscrupulous individuals, while denying any links to the Chinese government. The social media provider and content creators on the app filed lawsuits against the ban a few days after it was enacted, and the D.C. Circuit issued its decision validating the law on December 6. While TikTok argued that the law infringed upon the First Amendment liberties of the company and its users, a panel of appeals court judges ruled that it didn't—as individuals can still express themselves freely on TikTok if it simply divests from ByteDance—and the federal government was deemed legitimate in banning it. By permitting TikTok to continue functioning as long as it disinvest from ByteDance, the law is essentially the least restrictive method of addressing the government's concerns about the platform, according to the judges.

Reference(s):

"Biden signs bill that will ban TikTok from the U.S., unless it sells off" by Frank Pallotta, CNN
"Why TikTok Is Ban-Worthy and What It Means for Journalists" by Ken Doctor, Our Website

The impending TikTok ban could significantly impact the business operations of tech companies like Apple and Google, as they would be prohibited from offering TikTok on their app stores. Additionally, the federal law could also impede internet service providers such as Oracle from facilitating TikTok's distribution, maintenance, or updates, thus disrupting the app's operation within the U.S. for its 170 million American users.