Will Court Uphold TikTok Ban? What To Know As Ruling Expected This Week

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Posted on 12/02/2024 1:20:29 PM PST by MinorityRepublican

A federal court is expected to rule this week whether to uphold the federal ban on TikTok, as both sides have asked for a ruling by Friday before the law is scheduled to take effect in January—though Donald Trump’s election has further complicated the ban’s fate.

The U.S. Court of Appeals for the D.C. Circuit is now deliberating on TikTok’s lawsuit against the federal government, which seeks to strike down the law forcing TikTok to divest from Chinese parent company ByteDance or else be banned from U.S. app stores.

TikTok argues the ban infringes on the company’s First Amendment rights, and the case has been combined with a separate lawsuit brought by TikTok creators.

The company argues the law’s requirement that it divest from ByteDance is “not possible technologically, commercially, or legally,” particularly within the “arbitrary” timeline, and TikTok alleged that if it did divest, the company would be “reduced to a shell of its former self.”

The Justice Department has maintained that banning TikTok is necessary due to ByteDance’s Chinese ownership, claiming that keeping access to the app “creates a national-security threat of immense depth and scale,” though the specific evidence for why it poses a threat is all redacted in court filings.

Both sides have asked the court to rule by Friday so there will be time to pursue any next steps or appeals before the ban is slated to take effect on January 19.

(Excerpt) Read more at forbes.com ...

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