US wants to ban TikTok before Trump returns to the White House

The US Department of Justice (DoJ) has filed an emergency motion with the Federal Court of Appeals, rejecting TikTok's request to delay a new law that could lead to a ban on the app in the United States.

Outgoing President Joe Biden signed the law in April, passed as part of a bipartisan deal between Democrats and Republicans. The law requires TikTok's parent company, ByteDance, to sell ownership of the app by January 19, 2025, or face an outright ban from the U.S. market.

ByteDance had hoped to win reprieve by invoking the First Amendment to the U.S. Constitution, which protects free speech and equal protection of the law. The short-form video-sharing social network describes itself as the nation's largest "speech platform." But those arguments were rejected by a federal appeals court in Washington on December 6.

In response, TikTok later filed an emergency stay on the law, arguing that it needed more time to prepare its case. TikTok also said it had a strong case against the law and would take the matter to the Supreme Court if necessary.

The US Department of Justice has strongly objected to TikTok's move, arguing that the law should be enacted as soon as possible to address national security concerns. Lawmakers have received classified information from the intelligence community about the threat the app could pose to national security.

If TikTok fails to meet the January 19 deadline, the app risks being removed from app stores like the Apple App Store and Google Play. Access to the app's website will also be blocked for users in the United States.

Another important thing to consider is that President-elect Donald Trump will officially take office at the end of January next year. During his first term, Mr. Trump tried to ban TikTok. But recently during the campaign, the President suddenly 'turned around', saying that he would not allow the TikTok ban to pass.

TikTok's future in the US will depend as much on legal decisions as political dynamics, so the new Trump administration will also be a deciding factor in TikTok's fate in the US.

Micah Soto

Update 13 December 2024