D.C. Circuit Upholds TikTok Divestiture Bill
The D.C. Circuit Court of Appeals has officially upheld a TikTok divestiture bill passed by Congress earlier this year which would require TikTok to divest from its parent company, ByteDance, or face the possibility of a ban in the United States. The decision was unanimous with all three judges agreeing that the legislation was constitutional.
Previously, TikTok filed a lawsuit with the D.C. Circuit arguing that the bill requiring divestiture is unconstitutional as it violates the First Amendment rights of Americans and is a bill of attainder targeting TikTok and no other company. Today, the Circuit Court rejected the arguments, teeing up an argument in front of the United States Supreme Court.
The Supreme Court, should it decide to consider the legislation, will likely stay enforcement of the bill until after a decision is issued. Currently, the divestiture period expires on January 19th, but President Biden may extend the period an additional three months through April.
Donald Trump has long promised to reverse this law to protect the current owners of TikTok should he become President, and now that he has been elected, it remains to be seen whether or not he will fulfill his promise in office.
Read the full opinion from the court today:
