TikTok is edging closer to a potential ban in the United States after a federal appeals court upheld a law on Friday requiring the social media giant to sell its assets to a non-Chinese company or face an outright ban in the country.

This ruling marks the latest development in the ongoing clash between the U.S. government and TikTok's Chinese parent company, ByteDance, in a dispute that has spanned several years.

"TikTok's millions of users will need to find alternative media of communication," said Judge Douglas Ginsburg. "That burden is attributable to China's hybrid commercial threat to US national security, not to the US government, which engaged with TikTok through a multi-year process in an effort to find an alternative solution."

The Justice Department has contended in court that TikTok presents a national security threat because of its ties to China. Officials claim that Chinese authorities could force ByteDance to disclose data on TikTok's U.S. users or manipulate the platform to control the flow of information. However, the U.S. has not presented any concrete examples of this occurring.

TikTok has stated that divesting from its Chinese ownership is "not possible technologically, commercially, or legally." In response to the recent ruling, TikTok spokesperson Michael Hughes announced that the company plans to appeal the decision to the U.S. 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," Hughes said. He criticized the ban, calling it "inaccurate, flawed and hypothetical," and argued it would lead to censorship. "Unless stopped, the TikTok ban will silence the voices of over 170 million Americans here in the U.S. and around the world on January 19, 2025," he added.

A String of Legal Battles and State-Level Action

Over the past several years, TikTok has been the target of numerous lawsuits, congressional hearings, and investigations at both federal and state levels. The scrutiny intensified in April when President Joe Biden signed legislation requiring ByteDance to sell TikTok to a non-Chinese owner or face a nationwide ban starting this January. In 2023, Montana became the first state to enact a ban on TikTok, though a judge blocked the law before it could be enforced.

TikTok filed its lawsuit against the Justice Department in May, but a three-judge panel ruled that the provisions of the law aimed at the app "survive constitutional scrutiny."

The Ongoing TikTok Debate and Public Outcry

Discussions of a TikTok ban have been ongoing since the Trump administration. For years, lawmakers have claimed that the Chinese government uses the app to gather personal data from Americans and disseminate propaganda intended to influence U.S. elections.

In 2020, Trump, known for his strong stance against China, attempted to ban TikTok through an executive order. However, the order faced immediate legal challenges that were left unresolved before Biden took office, who then rescinded it and worked on drafting legislation to ban the platform.

When the bill was presented to the Congress in March, ByteDance urged its users to contact their representatives in opposition. Both teens and adults reportedly reached out to congressional staff, expressing their heavy use of the app. TikTok creators also encouraged their followers to do the same. As a result, some congressional offices temporarily shut down their phone lines, unable to handle calls about the proposed ban or other issues.

Legal experts believe that Congress probably lacks the authority to completely ban TikTok or any other social media platform under the First Amendment, unless it can demonstrate that the platform presents genuine and significant privacy and national security risks that cannot be resolved through alternative measures.

What's at Stake?

 National Security Concerns: The U.S. government fears that Chinese authorities could use TikTok to access personal data or manipulate content to influence public opinion, raising significant privacy and security risks.

 Impact on Free Speech: A ban on TikTok could infringe on Americans' First Amendment rights, limiting their ability to express themselves on a major platform used by millions for communication and creativity.

Economic Disruption: TikTok has become a key tool for businesses, influencers, and content creators. A ban could affect their livelihoods, marketing strategies, and online presence, impacting the digital economy.

Global Digital Diplomacy: The decision could reshape how nations interact with global digital platforms, influencing international trade, communication policies, and technology governance.

 Long-Term Consequences: Beyond TikTok, the ban could have lasting effects on internet governance, raising questions about the balance between security concerns and individual freedoms in the digital age.