The TikTok logo is displayed outside a TikTok office on Dec. 20, 2022, in Culver City, California. (Mario Tama/Getty Images/TNS)
Wendy Lee and Andrea Chang
Los Angeles Times (TNS)
LOS ANGELES — TikTok’s future in the U.S. is now in greater jeopardy after the popular social video app on Friday lost a major court battle as it tries to prevent its banishment.
In May, TikTok sued the government, asking the U.S. Court of Appeals to declare unconstitutional a law that would require its Chinese parent company, ByteDance, to divest TikTok’s U.S. operations or face a ban in the country.
Legislators backing the law said a ban or sale was necessary to address national security concerns posed by the app’s ties to China.
The law, signed by President Joe Biden, is set to go into effect Jan. 19.
TikTok had said in its lawsuit that the law violated its First Amendment rights to free speech. TikTok contended that the law “offers no support for the idea” that TikTok’s Chinese ownership poses national security risks.
More than 170 million Americans use the video app, where people share dance routines, cooking tips, funny videos and news stories.
“On the merits, we reject each of the petitioners’ constitutional claims,” the judges said in their decision issued Friday.
Legal experts said they anticipate TikTok will appeal its case to the Supreme Court. It is also possible that Biden could offer ByteDance an extension to divest, but some experts said they believe that is unlikely.
“The Supreme Court has an established historical record of protecting Americans’ right to free speech, and we expect they will do just that on this important constitutional issue,” said TikTok spokesman Michael Hughes in a statement on Friday. “Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, resulting in outright censorship of the American people.”
Carl Tobias, a law professor at the University of Richmond, said TikTok could ask the court to put a hold on the ruling until the Supreme Court hears its case.
“They still have another shot with the Supreme Court,” Tobias said. “It’s an important issue. It’s a difficult one, and it affects a lot of Americans, foreign policy and national security. If it’s a matter of [the Supreme Court’s]interest in it, I expect that interest would be high.”
President-elect Donald Trump had campaigned on supporting TikTok, despite having pushed for a ban during his first term.
“We’re not doing anything with TikTok,” he said on a video posted on social media earlier this year.
The Trump transition team did not immediately return a request for comment. His statements in support of TikTok have given creators some hope, though it’s not clear what action his administration will take.
The ban would go into effect the day before Trump takes office.
A ban on TikTok could hurt the livelihoods of many video creators and influencers who post content on the platform. Many of those creators over the years have diversified where they post their content to prepare for a potential ban.
Sabrina Mercado, 21, is a full-time content creator from Downey. She created her TikTok in 2019 and today has 459,000 followers on the platform.
About a year ago, Mercado briefly considered creating a press-on nail business and selling on TikTok Shop, the company’s e-commerce platform, but hesitated.
“If TikTok were to be banned, what would happen to business?” she said. “It just makes things riskier.”
Mercado now posts on Instagram, TikTok YouTube and Snapchat, with Instagram being her main focus.
Joey Soboleski II, 26, a full-time content creator from Glendale, has grown his following to more than 403,000 people who watch his comedy and lifestyle content since joining TikTok in 2019.
Still, he’s not concerned about a ban.
“I built a platform on Instagram that’s bigger than TikTok and I think the viewership will go over to Instagram honestly or YouTube or both. And then the money will go over,” he said.
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