Federal Appeals Court to Decide TikTok's US Future Next Week
A US federal appeals court will decide by December 6 whether ByteDance must divest TikTok or face a nationwide ban in the United States by January 19.
Wooden gavel against blue background
Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are evaluating legal challenges from TikTok and its users against the ban. The court has several potential ruling options:
- Uphold the law, forcing TikTok to appeal to the Supreme Court or full DC circuit
- Rule the law unconstitutional as a "Bill of Attainder" that unfairly targets ByteDance
- Direct the government to formally certify TikTok as a national security threat
- Declare the law unconstitutional based on Americans' free speech rights
The Justice Department argues TikTok poses national security risks under Chinese ownership, claiming China could manipulate information Americans consume through the platform and access their personal data.
ByteDance and TikTok maintain the law violates American principles of an open internet. President-elect Trump now opposes the ban, citing concerns it would benefit Meta, which previously suspended his social accounts.
The DC Appeals Court typically issues rulings on Tuesdays and Fridays, making December 6 the expected decision date.