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Federal appeals court upholds TikTok ban in the US
A panel of three federal appeals court judged ruled to uphold a law that could potentially ban TikTok in the United States. LiveNOW's Christina Evans discusses the details with constitutional law expert Robert McWhirter.
A federal appeals court has decided to leave a mid-January deadline in place for a federal law that would require TikTok to be sold or face a ban in the United States.
The company had requested a halt to the potential ban until the Supreme Court had a chance to review its challenge of the statute.
The rejection comes just one day after the Justice Department asked the appeals court to deny TikTok's bid to delay the legislation.
Attorneys for TikTok and its China-based parent company, ByteDance, are expected to appeal to the Supreme Court.
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What does the statute say?
The statute, which was signed by President Joe Biden earlier this year, requires ByteDance to sell TikTok to an approved buyer due to national security concerns or face a ban in the U.S.
The U.S. has said it sees TikTok as a national security risk because ByteDance could be coerced by Chinese authorities to hand over U.S. user data or manipulate content on the platform for Beijing’s interests. TikTok has denied those claims and has argued that the government’s case rests on hypothetical future risks instead of proven facts.
In a lawsuit filed against the statute by TikTok and ByteDance, it argued in part that the law to ban the app violates the First Amendment and unfairly targets the two companies.
But the court sided with attorneys for the Justice Department who said the government was attempting to address national security concerns and did not violate the constitution.
FILE - In this photo illustration, the TikTok logo is displayed on an iPhone screen on Dec. 06, 2024 in San Anselmo, California (Photo Illustration by Justin Sullivan/Getty Images)
What will happen to the app if it’s banned?
If TikTok ends up banned in the U.S., the impact could be seismic: It’s unclear just how many content creators rely on TikTok for income – and how many of those consider it their primary jobs.
If the law is not overturned, the two companies have said that the popular app will shut down by Jan. 19, just a day before President-elect Donald Trump takes office again. More than 170 million American users would be affected, the companies have said.
RELATED: DOJ asks court to reject TikTok's bid to delay law that would ban app
Will Trump save TikTok?
Trump tried to ban the app during his first term but said during the recent presidential campaign that he wants to "save TikTok."
The Trump transition team has not offered details on how Trump plans to carry out his pledge, but spokeswoman Karoline Leavitt said in a statement last month that he plans to "deliver" on his campaign promises.
After Trump takes office on Jan. 20th, it would fall on his Justice Department to enforce the law and punish any potential violators. Penalties would apply to any app stores that would violate a prohibition on TikTok and to internet hosting services which would be barred from supporting it.
Some have speculated that Trump could ask his Justice Department to abstain from enforcing the law.
There are other things Trump could potentially do. It's possible he could invoke provisions of the law that allow the president to determine whether a sale or a similar transaction frees TikTok from "foreign adversary" control.
Another option is to urge Congress to repeal the law. But that too would require support from congressional Republicans who have overwhelmingly supported the prospect of getting TikTok out of the hands of a Chinese company.