TikTok faces a potential shutdown in the United States next month after an appeals court declined to pause the enforcement of a law that mandates its China-based parent company, ByteDance Ltd., to sell the app or face a ban.
The ban is set to take effect on January 19, 2025, unless ByteDance divests from TikTok.
In its latest legal effort, TikTok requested a delay in the enforcement of the ban while it appeals the decision. However, the US Court of Appeals for the DC Circuit denied the request, paving the way for the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACAA) to take full effect.
The Biden administration and other US officials have long expressed concerns over TikTok’s ties to ByteDance, suggesting the app could be exploited by the Chinese government to collect sensitive user data or spread propaganda. In its ruling, the appeals court affirmed the law’s validity, stating that it meets First Amendment requirements even under heightened scrutiny.
TikTok countered by arguing that the ban would cause significant harm to its 170 million American users and the company itself while offering no immediate national security benefits. Despite these claims, the court stood firm.
“The Protecting Americans from Foreign Adversary Controlled Applications Act satisfies the requirements of the First Amendment,” the three-judge panel wrote. The court further noted that TikTok failed to cite any precedent for halting an act of Congress during an appeal to the Supreme Court.
TikTok plans to take its case to the Supreme Court, seeking an emergency intervention to halt the impending ban. The company voiced its concerns on social media, stating, “The voices of over 170 million Americans here in the US and around the world will be silenced on January 19, 2025, unless the TikTok ban is halted.”
If the ban proceeds, TikTok will be removed from mobile app stores, making it inaccessible to new users in the US. Existing users may temporarily retain access but will eventually be unable to use the app as updates and support cease.
The case has drawn significant public and political attention, particularly as President-elect Donald Trump prepares to assume office. During his campaign, Trump opposed the ban, attempting to appeal to TikTok’s primarily younger user base.
Notably, Trump had previously sought to force a sale of TikTok during his first term but faced legal and logistical obstacles. TikTok is now urging the incoming administration to consider pausing enforcement of the law or moderating its impact.
“The act gives the president and the attorney general broad discretion over the timing and implementation of its provisions,” TikTok stated in its legal filing.
However, the US Department of Justice remains adamant that delaying the law’s implementation would undermine national security interests. “An indefinite delay, possibly lasting for more than a year, would be especially deleterious to the government’s and the public’s interests in enforcing the Act,” the DOJ argued.
With the January 19 deadline looming, TikTok’s future in the United States hangs in the balance. As the company fights for its survival in the courts, millions of American users face the prospect of losing one of the world’s most popular social media platforms.
The Supreme Court’s response to TikTok’s appeal—and the stance of the incoming Trump administration—will ultimately determine whether TikTok can remain accessible to its US audience or become the latest casualty in the escalating tensions between Washington and Beijing.
