【99 Moons】

As we approach the Jan. 19 deadline for the potential TikTok ban9 Moons there have been several significant developments: a federal appeals court panel upheld the Biden-era law; creators are now encouraging their followers to head to other platforms; and TikTok is begging courts to let a new administration weigh in.

SEE ALSO: TikTok requests emergency injunction to delay U.S. ban

So, what does this mean for the future of the app in the U.S.?

How would the TikTok ban work?

The latest attempt at banning TikTok in the U.S. is also the only one that has stuck. President Joe Biden signed a bill into law in April that gave ByteDance, TikTok's parent company, nine months to get a new buyer or be banned in U.S. app stores — and the clock is running out.

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The ban wouldn't simply delete the app off your phone or erase the site from the internet but would rely on internet hosting companies and app stores like Apple and Google. If they distribute or update TikTok, they'll face penalties.

When will TikTok get banned?

The deadline for Biden's law is Jan. 19 — the day before President-elect Donald Trump takes office.

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What can be done to slow — or outright stop — the ban?

A few things can be done to change the tide of the TikTok ban.

The path of least resistance would be for TikTok to comply with Biden's law and divest from ByteDance. Plenty of wealthy folks and companies, from Steven Mnuchin to Rumble to Kevin O’Leary, have tossed their hats in the ring. So far, it's unclear who's in the lead to buy the app reportedly worth billions — or where TikTok truly stands on selling.

But TikTok is still fighting the potential sale. On Friday, Dec. 6, a federal appeals court panel upheld the Biden-era law. TikTok is expected to appeal the decision to the Supreme Court, but it's not a given that the court will take the case — and TikTok would like some time to get their case through. So, on Monday, Dec. 9, the platform asked an appeals court for an emergency injunction to block Biden's law until the U.S. Supreme Court has time to weigh in.

SEE ALSO: As the 2025 TikTok ban deadline looms, here's what we know

An injunction would also punt the law to the Trump administration, and Trump has been newly interested in keeping TikTok around without a necessary sale. Lest we forget, he did attempt to ban it through an executive order in 2020, but he asserted during his 2024 campaign that he is "gonna save TikTok."

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Why are we doing this?

Lawmakers argue that TikTok poses a national security threat because its parent company is based out of China and is subject to Chinese intelligence laws. According to lawmakers, China could theoretically (and hypothetically) force ByteDance to give its data to China. TikTok has denied the claims that this could happen and argues that the ban violates the First Amendment right to free speech because it "subjects a single, named speech platform to a permanent, nationwide ban, and bars every American from participating in a unique online community with more than 1 billion people worldwide." TikTok has its free speech supporters; the American Civil Liberties Union said in a statement to Reuters that it sets a "flawed and dangerous precedent."

"Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with people around the world," Patrick Toomey, the deputy director of the ACLU's National Security Project, told Reuters.

For now, we wait. We'll find out soon — at least before Jan 19 — if TikTok hopes to continue in the U.S. without selling.

Topics TikTok