A federal appeals court denied TikTok’s petition for the Supreme Court to pause and review legislation that could ban the social media app in the United States. However, a comment from President-elect Donald Trump paints a murky future for the platform.
On Friday, the U.S. Court of Appeals for the District of Columbia Circuit denied a motion filed by TikTok and Chinese parent company ByteDance to temporarily pause legislation that would ban the social media app in the United States if ByteDance does not sell it before Jan. 19, 2025.
TikTok and ByteDance filed their emergency injunction, asking the Supreme Court to review the legislation, on Monday, Dec. 9. The injunction was filed in response to support for the legislation shown by the federals appeals court earlier this month.
“We plan on taking this case to the Supreme Court, which has an established historical record of protecting Americans’ right to free speech,” a TikTok spokesperson told USA TODAY on Monday. “The voices of over 170 million Americans here in the U.S. and around the world will be silenced on Jan. 19, 2025, unless the TikTok ban is halted.”
More: Will TikTok be banned? Donald Trump says he has a ‘warm spot’ for app as it faces January deadline
What has Trump said about a potential TikTok ban?
Despite his past thoughts about the platform − Trump tried to pass legislation banning TikTok during his first term in office − Trump said on Monday that he has a “warm spot” for TikTok, as he believes the app helped him gain ground with young voters in the 2024 presidential election.
“Tiktok had an impact, and so we’re taking a look at it,” Trump said on Monday. “I have a little bit of a warm spot in my heart. I’ll be honest.”
Is TikTok getting banned?
Signed by President Joe Biden this spring, the Protecting Americans from Foreign Adversary Controlled Applications Act will make TikTok illegal for distribution in the U.S. if ByteDance cannot sell the platform by Jan. 19, 2025. The app will be illegal for distribution through app stores like the Apple App Store and Google Play. Internet service providers will also be required to make the app inaccessible on U.S. internet browsers.
Users who have TikTok downloaded on their devices would still be able to use the app, but banning TikTok from app stores would prohibit future software updates.
If ByteDance sells TikTok before Jan. 19, the app will remain available in the U.S.
Why could TikTok be banned in the US?
Many government officials have seen TikTok as a national security threat for several years − worried that ByteDance, which is based in Beijing, has access to American data and is sharing it with Chinese government surveillance.
In 2019, former president and now President-elect Donald Trump issued a national emergency upon finding that “foreign adversaries” were “exploiting vulnerabilities in information and communications technology and services,” the U.S. Court of Appeals for the District of Columbia Circuit Dec. 6 opinion states. As a part of his response, Trump prohibited any transactions with the company.
In 2021, Biden issued a new executive order, which said that ByteDance “continues to threaten the national security, foreign policy and economy of the United States,” the Dec. 6 federal appeals court opinion states. In 2022, Biden signed a bill that prohibited the use of TikTok on government devices.
What is TikTok?
TikTok is a social media application known for its short-form videos. Users can create, post and interact with videos on the app. TikTok is popular for its scrolling algorithm and allows users to post videos between three seconds and 10 minutes long. Users may add different filters, backgrounds, music and stickers to their videos.
Contributing: Karissa Waddick
Greta Cross is a national trending reporter at USA TODAY. Follow her on X and Instagram @gretalcross. Story idea? Email her at [email protected].
This article originally appeared on USA TODAY: TikTok could really be banned in the US. Why and when it could happen.
