Court Rejects TikTok’s Bid to Postpone Ban
In a swift, unsigned decision, the three-judge panel dismissed the request, asserting there was no precedent for approving such a request.
TikTok, its parent firm ByteDance, along with a coalition of TikTok users, challenged the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) implemented in April, claiming the law contravened First Amendment rights. PAFACA prohibits apps operating in the U.S. from being owned by a foreign adversary. ByteDance asserts that this amounts to a prohibition since the Chinese government would not permit the sale of TikTok and its proprietary technology.
Last week, the U.S. Circuit Court of Appeals for the District of Columbia dismissed the challengers’ arguments, ruling that the law does not infringe upon the First Amendment. The Justice Department, representing the federal government, contended that the law focused on ownership by foreign adversaries rather than the app’s content.
When President Joe Biden enacted the law in April, it initiated a 270-day timer for ByteDance to either divest its stake in TikTok by January 19, 2025, or halt operations in the U.S.
Following this, TikTok sought a court-ordered pause on the timer while it pursued an appeal in the U.S. Supreme Court. The DOJ opposed the postponement, arguing that three branches of government had established that TikTok posed a national security threat.
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The judges noted that TikTok and the other petitioners relied on First Amendment arguments previously dismissed by the court in their claims for an extension.
“Regarding those assertions, this court has previously concluded unanimously that the Act meets the First Amendment’s heightened scrutiny requirements,” the order states.
TikTok may petition the Supreme Court for an emergency injunction, which would halt the countdown while the court considers its appeal. However, there is no assurance that the Supreme Court will take up any case.
