U.S. Appeals Court to Rule on TikTok Divestment Law by December 6
A pivotal decision looms as the U.S. federal appeals court prepares to rule on the legality of a law mandating Chinese-based ByteDance to divest its ownership of TikTok in the United States. The decision, expected by December 6, will determine whether ByteDance must comply by the January 19 deadline or face a nationwide ban on the popular video-sharing app.
TikTok, which boasts 170 million U.S. users, has faced scrutiny over national security concerns due to its ties to China. As the divestment deadline approaches, the ruling from the U.S. Court of Appeals for the District of Columbia could set a significant precedent for technology companies operating under foreign ownership.
Potential Outcomes of the Court’s Decision
The three-judge panel, comprising Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg, is reviewing legal challenges from TikTok and its users. Here are the possible scenarios:
1. Court Upholds the Law
If the court validates the divestment law, it would affirm the U.S. government’s stance that TikTok poses a national security threat. This decision would likely force TikTok to escalate the case to the Supreme Court or request a review by the full District of Columbia circuit. ByteDance would face immense pressure to either sell its U.S. assets or cease operations in the country.
2. Law Upheld, but Considered Unfair
The court may uphold the law but recognize concerns about its fairness under the U.S. Constitution’s prohibition against “Bills of Attainder.” This clause forbids laws that target specific entities or individuals. Such a ruling could require the U.S. government to follow a formal certification process to prove TikTok’s security risks, potentially delaying or softening enforcement against the app.
3. Law Deemed Unconstitutional
TikTok and ByteDance argue the law infringes on Americans’ free speech and contradicts the U.S. tradition of supporting an open internet. If the court agrees, it would nullify the divestment mandate. However, the Justice Department could appeal the decision to the Supreme Court, prolonging the legal battle.
Broader Implications
The appeals court typically announces decisions on Tuesdays and Fridays, making December 6 a critical date for TikTok’s future. The ruling could redefine how the U.S. government handles technology firms with foreign ownership and set the stage for heightened regulatory scrutiny of digital platforms.
As the January 19 deadline looms, the decision will undoubtedly shape the trajectory of TikTok’s operations and its millions of U.S. users.
