TikTok is one step closer to becoming unavailable to users in the United States after the U.S. appeals court upheld the law requiring the popular social media platform to be sold by its Chinese parent company ByteDance or face a ban.
In its appeal, TikTok argued that the law is unconstitutional and violates the First Amendment. However, the panel of three judges at the United States Court of Appeals for the District of Columbia Circuit had a different opinion.
“We conclude the portions of the Act the petitioners have standing to challenge, that is the provisions concerning TikTok and its related entities, survive constitutional scrutiny. We therefore deny the petitions,” Senior Judge Douglas Ginsburg wrote in the unanimous opinion.
TikTok now faces a deadline of January 19, 2025, to sell itself or go dark in the U.S. Still, the platform will make another attempt to avoid the ultimatum by bringing its case to the Supreme Court.
“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,” TikTok spokesperson Michael Hughes said in a statement.
ByteDance previously said it wouldn’t entertain the idea of selling the platform that has more than 170 million users in the United States. There will be no lack of suitors if ByteDance changes its mind, with several investor groups reportedly ready to pay more than $20 billion for TikTok’s U.S. assets.