Appeals Court Declines to Block TikTok Ban #

Supreme Court Showdown Looms as January Deadline Approaches #

A federal appeals court has refused to temporarily block a ban on TikTok, setting the stage for a potential Supreme Court battle. The ban, set to take effect on January 19, requires the platform to be sold to a non-Chinese owner or face prohibition in the United States.

The DC Circuit Court of Appeals unanimously upheld the law, rejecting TikTok’s request for a temporary pause. The court’s brief order stated that such a block was “unwarranted.”

Under the legislation, US app stores and internet services could face significant fines for hosting TikTok if it is not sold after the January deadline. The president has the option to issue a one-time extension of this deadline.

TikTok is expected to appeal to the Supreme Court on an emergency basis to block the law temporarily. The company’s attorneys argued that declining to temporarily block the law would force a rushed review by the Supreme Court.

The Biden administration opposed a temporary block, suggesting it might allow TikTok to delay appealing to the Supreme Court for months, effectively halting the law indefinitely.

The ban, passed with bipartisan support and signed into law in April, addresses longstanding concerns that TikTok’s Chinese parent company, ByteDance, poses a national security risk.

In its ruling, the DC Circuit stated that the law satisfies the strict scrutiny standard required for government restrictions on speech. The court emphasized that the Act was carefully crafted to address control by a foreign adversary and was part of a broader effort to counter a well-substantiated national security threat.

TikTok’s legal team argues that the Supreme Court should have the final say given the sensitivity of the legal issues involved. They contend that the question of whether the Act satisfies strict scrutiny is likely to attract the Supreme Court’s attention.

ByteDance has previously stated it will not sell TikTok, setting the stage for a potential standoff as the deadline approaches.