Federal Appeals Court Upholds TikTok Ban in Serious Setback for Chinese Influence Operations

A federal appeals court has upheld a law forcing the TikTok social media platform — a conduit for Chinese influence operations and information harvesting — to be sold by its Chinese parent company to an American firm by January 29, 2025, or be banned from operating in the United States. In a unanimous decision announced on December 6, the D.C. Court of Appeals found that the U.S. government had “acted solely […] to limit [China’s] ability to gather data on people in the United States” in enacting the ban.  As it stands, the decision signals a major defeat for Chinese Communist Party (CCP) efforts to exercise its influence over the app’s users.

TikTok Loses Appeal and Eyes Supreme Court Hearing

In the suit, TikTok argued that the law violated Americans’ First Amendment protections and pushed back against claims that the app manipulated its algorithms on behalf of Beijing and aggressively gathered users’ personal data. However, the appeals court set these arguments aside, finding that the law was constitutionally justified on the grounds of preventing a foreign adversary from undermining free speech and collecting information on U.S. residents.  

Immediately following the ruling, TikTok indicated that it would appeal to the U.S. Supreme Court, raising the possibility of a reversal. If the decision of the appeals court is upheld, TikTok will be compelled to cease its operations within the United States, as the company has previously indicated that a forced sale to an American owner would be blocked by the Chinese government.

TikTok is a Threat to U.S. National Security

TikTok has long been accused of operating on behalf of the CCP to both engage in censorship campaigns and covertly collect Americans’ personal data. The House Select Committee on the CCP alleged in May 2023 that TikTok has previously censored posts around Hong Kong’s democracy protests and also tracks the use of politically sensitive words across its platform, particularly those related to Xinjiang, Taiwan, Tibet, and Hong Kong.

The U.S. Department of Justice has accused TikTok of collecting substantial amounts of private data from its users, including precise locations, viewing habits, and private messages. Moreover, a former TikTok employee based in the United States alleged in a May 2023 court filing that the CCP had pressured TikTok into creating a backdoor feature that would allow Chinese officials to view data on Americans stored within the United States.

United States Should Remain Vigilant to Other Sources of Chinese Interference

As TikTok announced its intent to appeal shortly after the decision was reached, the eventual legality of the forced sale order will likely be decided within the coming months.  

For the time being, the incoming administration should use this legal victory as an opportunity to place pressure on U.S. allies and partners to enact similar restrictions on TikTok’s global operations. The next Congress should also ensure that the Cybersecurity and Infrastructure Security Agency (CISA) has the resources required to prevent China from accessing Americans’ data and strengthen the resilience of the United States’ communications infrastructure.

Jack Burnham is a research analyst in the China Program at the Foundation for Defense of Democracies (FDD). For more analysis from Jack and FDD, please subscribe HERE. Follow Jack on X @JackBurnham802. Follow FDD on X @FDD. FDD is a Washington, DC-based, nonpartisan research institute focusing on national security and foreign policy.