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Court of Appeals dismisses appeal: law requires platform to be sold by 19 January for national security reasons

The D.C. Court of Appeals dismissed TikTok’s appeal against the law signed by Joe Biden in April, upholding the constitutionality of the measure that requires the platform to be banned in the United States if ByteDance, the Chinese company that owns it, does not sell TikTok by 19 January 2024. The decision is based on national security concerns, with the US government fearing use of user data by the Chinese government or attempts to manipulate public opinion.

TikTok, which has about 150 million users in the US, argued that the ban violates the First Amendment of the Constitution, guaranteeing freedom of expression. However, the judges found that the measure was justified to protect the US from ‘a foreign adversary’.

The ruling recognises that the decision will have ‘significant implications’ for users and for the platform itself, predicting that TikTok will become inaccessible in the US if ByteDance does not proceed with the sale. However, the text provides for the possibility of a 90-day extension granted by the acting president if there is progress in the divestment process.

TikTok has already announced its intention to appeal to the Supreme Court, stating: ‘We trust the Court will protect the constitutional rights of Americans in such an important matter.

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