TikTok still facing last dance after losing U.S. ban appeal

Just 44 days after discovering that Boq is a really funny name to sing, TikTok users may have to say goodbye to the viral Wicked trend. More specifically, they may have to say goodbye to every trend, because the long-threatened TikTok ban just got one step closer to becoming a reality.

Today, it was announced that the social media platform lost its appeal against a bill that could see it blocked in the U.S. unless sold by its parent company, ByteDance, within the next 44 days. President Biden signed the bipartisan act—which cited national security concerns that the China-based company was turning user data over to its government—in March. From that time, the platform had until January 19, 2025—which happens to be one day before Donald Trump’s inauguration—to find a buyer and divest from China. So far, it has failed to do so.

TikTok reportedly appealed the bill on First Amendment grounds, an argument the D.C. Circuit Court of Appeals did not find convincing, according to The Hollywood Reporter. “We recognize that this decision has significant implications for TikTok and its users,” the court wrote in its decision, again citing the same national security concerns: “The First Amendment exists to protect free speech in the United States. Here the Government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to gather data on people in the United States.”

The court explained that it understands “some 170 million Americans” currently use the platform to “create and view all sorts of free expression and engage with one another and the world,” but it was “in part precisely because of the platform’s expansive reach” that “divesting it from the PRC’s (People’s Republic of China) control” was so important. They did acknowledge that this decision means “many Americans may lose access to an outlet for expression, a source of community, and even a means of income,” but “Congress judged it necessary to assume that risk given the grave national security threats it perceived.”

No matter where you stand on TikTok or this decision, seeing the app actually get banned would be a huge, huge deal. Yes, there are the silly dances and goofy movie trends, but it’s also become a new global town square, especially as Elon Musk’s X becomes more and more politicized. THR predicts that the company will likely take this to the U.S. Supreme Court next, which could put the ban-or-sell ruling on hold if it decides to take the case. Like so many other things in this country, the fate of TikTok now almost fully rests in the hands of just nine people.