“This isn’t a narrowly tailored solution—it’s censorship,” Ruane said.
Legal Battle Far From Over
Despite the setback, TikTok and its creators are expected to take their case to the Supreme Court, with some legal experts predicting a direct appeal to the nation’s highest court. TikTok signaled its intention in a statement, emphasizing the Supreme Court’s historic role in protecting free speech and denouncing the law as being based on “flawed and hypothetical” concerns.
Should TikTok pursue an appeal, the legal process will hinge on balancing free speech protections against national security claims. The Department of Justice, which has defended the law thus far, will likely highlight bipartisan support for the legislation and previous actions by both the Trump and Biden administrations.
The appellate court’s opinion noted that divesting TikTok from Chinese control aligns with First Amendment principles, as China’s potential influence over the platform could distort public discourse. Robert Braun of Jeffer Mangels Butler & Mitchell LLP argued that TikTok’s First Amendment claims are complicated, given users have alternative platforms for expression.
A Potential Trump Twist
The approaching inauguration of President-elect Donald Trump adds another layer of complexity. Although Trump previously sought to ban TikTok, he has pledged to “save” the app during his second term, creating uncertainty about how his administration would approach the case.
