TikTok has lost its attempt to challenge a law that could lead to the platform being banned in the United States. A US appeals court upheld the law in a ruling Friday.
Denying TikTok’s argument that the law was unconstitutional, the judges found that the law does not “contravene the First Amendment to the Constitution of the United States,” nor does it “violate the Fifth Amendment guarantee of equal protection of the laws, as reported by CNN.
This ruling brings TikTok closer to a potential ban in the U.S., unless it can convince its Chinese parent company, Byte Dance, to sell the app and find a buyer. The ban could take effect on January 19, 2025, and after that, U.S. app stores and internet services could face significant fines for hosting TikTok if it is not sold.
In a statement, TikTok indicated it would appeal the decision. “The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” said the company spokesperson in a statement.
“Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the US and around the world on January 19th, 2025.”
Donald Trump’s potential victory in the 2024 U.S. Presidential Election could offer a lifeline for TikTok. Although he unsuccessfully tried to ban the app during his first term in 2020, Trump has stated ahead of the November elections that he would not allow the TikTok ban to go into effect.