TikTok loses challenge against law requiring sale or ban

(WASHINGTON) — A federal appeals court on Friday rejected TikTok’s bid to overturn a law banning the platform unless the company finds a new owner. The defeat moves the app closer to a U.S. ban, which is set to take effect on Jan. 19, 2025.

TikTok had challenged the law on First Amendment grounds, arguing that a potential ban would deny American users access to a popular venue for public expression. Attorneys for the company also disputed claims that the app poses a national security risk.

A three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled against the app, which boasts more than 170 million U.S. users.

The China-based app has faced growing scrutiny from government officials over fears that user data could fall into the possession of the Chinese government and the app could be weaponized by China to spread misinformation. TikTok’s parent company, ByteDance, has denied those claims.

In its ruling, the court found merit in security concerns about potential data collection or content manipulation undertaken by the Chinese government, referring to it by its formal name as the People’s Republic of China, or PRC.

Each of those two concerns “constitutes an independently compelling national security interest,” the court opinion said. The court cited previous instances in which the Chinese government pursued data, noting the government’s use of relationships with Chinese-owned businesses.

There is little evidence that TikTok has shared U.S. user data with the Chinese government or that the Chinese government has asked the app to do so, cybersecurity experts previously told ABC News.

President-elect Donald Trump has voiced opposition to a potential ban of TikTok. The president is expected to try to stop the ban of TikTok after he takes office, The Washington Post reported on Tuesday, citing people familiar with his views on the matter.

The most straightforward way to reverse the policy would be a repeal of the law that enacted the ban in the first place, experts previously told ABC News.

A repeal would require passage in both houses of Congress, landing the measure on Trump’s desk for his signature.

Trump may encounter difficulty gaining support for repeal of the measure among lawmakers, however.

Congress voted in favor of the ban earlier this year. In the House of Representatives, the ban passed by an overwhelming margin of 352-65. In the Senate, 79 members voted in favor of the measure, while 18 opposed and 3 abstained.