“Sociable” is the newest commentary on necessary social media developments and trends from industry expert Andrew Hutchinson of Social Media Today.
A U.S. appeals court has rejected TikTok’s bid to disqualify the U.S. government’s enforced sell-off bill, which suggests that TikTok is now closer than ever to being faraway from the country, a move that might come as early as January 19, 2025.
Though TikTok still has just a few avenues to pursue so as to fend off the sell-off mandate, and it should get help from President-elect Donald Trump, who’s vowed to save the app.
But there are plenty of “ifs” in any of those equations.
First off, the U.S. Court of Appeals for the District of Columbia Circuit has ruled that TikTok’s argument, that the TikTok sell-off bill violates the First Amendment is just not valid on this case due to foreign adversary concerns, and the potential for that adversary to manipulate U.S. residents via the app.
As per the ruling:
“The People’s Republic of China is identified as ‘a foreign adversary’ that ‘continues to threaten the national security, foreign policy, and economy of the United States’ through its control of ‘software applications’ utilized in the United States.”
The court found that due to China’s continued efforts to interfere in U.S. democracy via other digital platforms, which have been well documented by various investigations, the foreign adversary justification is valid, and subsequently overrules TikTok’s claim of First Amendment protection.
As such, the idea of TikTok’s challenge has been dismissed, which suggests that TikTok now has till January 19 to either commit to a sell-off to a U.S.-based company or pull in a foreign country completely.
So what can TikTok do next?
Well, for one, it could hunt down a U.S. partner to meet the sell-off conditions.
Last time around, when Donald Trump pushed for TikTok to be sold to a U.S. company back in 2020, an Oracle/Walmart-led consortium was eventually identified as the perfect local partner for the app. And that sale almost went ahead, until incoming President Biden canceled Trump’s enforced sell-off bill.
Maybe, with Trump returning to power, that deal could possibly be reawakened, though Chinese officials have vowed to oppose any sale of the app, and the bill itself, which it sees as an overreach by the U.S. government.
Still, possibly having TikTok available within the U.S. can be higher than nothing, and such a deal could possibly be allowed to undergo. Other than that, TikTok could take the case to the U.S. Supreme Court (which it’s apparently planning to do). Or it could put its faith in incoming President Donald Trump and his pledge to negate the bill under his powers of office.
In theory, Trump could issue an executive order which might effectively render the sell-off bill redundant. Though whether he would actually take that step, and undermine the Senate, stays to be seen.
Alternatively, TikTok could also apply for an extension, which might give it an extra 90 days to find an answer that addresses the federal government’s concerns.
That would mean that TikTok would remain available within the U.S. till at the very least April next yr. That could prove to be a greater solution for the app, as Trump would then officially be in power and may have more capability to assist.
Trump hasn’t actually detailed how he would help TikTok, just that he’ll put it aside, while also remarking that he’s now “a giant star” within the app. That could possibly be enough motivation for Trump to seek some type of counter for the bill, but however, many have suggested that his close ties to Elon Musk, who owns a rival social media app, might lessen his push on TikTok’s behalf.
(Note: Musk himself has said that he supports TikTok remaining available within the U.S.)
But straight away, the signs will not be great for TikTok’s future within the U.S.
TikTok has issued a press release on the ruling:
“The Supreme Court has a longtime historical record of protecting Americans’ right to free speech, and we expect they’ll do exactly that on this necessary constitutional issue. Unfortunately, the TikTok ban was conceived and pushed through based upon inaccurate, flawed and hypothetical information, leading to outright censorship of the American people. The TikTok ban, unless stopped, will silence the voices of over 170 million Americans here within the US and around the globe on January nineteenth, 2025.”
So now, it’s down to the Supreme Court, and certain President-elect Trump, to save the app. Otherwise, TikTok can be faraway from the U.S. early next yr.
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