1 of 4 | A U.S. federal appeals court is upholding a law passed by President Joe Biden that will force the parent company of TikTok to either divest its ownership in the popular short-form video app, or face a nationwide ban. File Photo by John Angelillo/UPI |
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Dec. 6 (UPI) — A U.S. federal appeals court on Friday upheld a law passed by President Joe Biden that will force the parent company of TikTok to either divest its ownership in the popular short-form video app, or face a nationwide ban.
The three-judge panel of the U.S. Court of Appeals for the District of Columbia ruled unanimously not to grant relief after hearing the appeal launched by TikTok and Chinese parent company ByteDance.
This past April, Biden passed legislation that would force the company to sell its interests in the social media platform, arguing it was a threat to U.S. national security as currently constituted.
The majority of the national security concerns relate to ByteDance’s potential influence by the Chinese government.
The company argued the law violates its right to free speech under the First Amendment of the U.S. Constitution.
“Congress judged it necessary to assume that risk given the grave national-security threats it perceived. And because the record reflects that Congress’s decision was considered, consistent with longstanding regulatory practice, and devoid of an institutional aim to suppress particular messages or ideas, we are not in a position to set it aside,” Judge Douglas Ginsburg wrote in the court’s 92-page decision.
“We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities, survive constitutional scrutiny. We therefore deny the petition.”
The Justice Department in August also filed a civil lawsuit against TikTok, arguing it violates children’s privacy laws.
In September, the companies and a group of content providers on the platform filed three lawsuits with the federal appeals court, collectively arguing the new legislation amounts to “a law that singles out and shutters a speech platform used by 170 million Americans.”
The app has roughly 1 billion users globally.
The judges disagreed Friday with the arguments.
“The parts of the Act that are properly before this court do not contravene the First Amendment to the Constitution of the United States, nor do they violate the Fifth Amendment guarantee of equal protection of the laws; constitute an unlawful bill of attainder,” the ruling reads.
The law is set to take effect on Jan. 19 and if enforced, could then require companies like Google and Apple to remove the app from the online app stores.