A US federal appeals court will decide by December 6 whether ByteDance must divest TikTok by January 19, 2024, or face a nationwide ban in the United States.

Photo Credit: Wesley Tingey

Circuit Judges Sri Srinivasan, Neomi Rao, and Douglas Ginsburg are reviewing legal challenges from TikTok and its users against the ban. The court has several possible rulings:

1. Uphold the law, forcing TikTok to appeal to the Supreme Court or full DC circuit
2. Rule the law unconstitutional as a "Bill of Attainder" that unfairly targets ByteDance
3. Require the government to formally certify TikTok as a national security threat
4. Strike down the law as a violation of Americans' free speech rights

The Justice Department argues that Chinese-owned TikTok threatens national security by potentially allowing China to access Americans' data and manipulate information content. ByteDance counters that the law violates America's open internet principles.

President-elect Trump has reversed his previous position and now opposes banning TikTok, citing concerns about benefiting Meta (Facebook/Instagram), which has suspended his accounts.

The ruling is expected by Friday, December 6, as the DC Appeals Court typically issues decisions on Tuesdays and Fridays.

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