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A Federal Appeals Court Just Upheld the TikTok Ban. Here’s What Could Happen Next


The Supreme Court, President-elect Donald Trump, or an American buyer could intervene to save the video platform, which is used by some 170 million Americans.

Citing the national security concerns the Justice Department raised about the Chinese-owned app, a panel of judges on the US Court of Appeals in Washington DC decided in a 3:0 vote that the law could stand and TikTok could still be banned in the United States next year. And because the record reflects that Congress’s decision was considered, consistent with longstanding regulatory practice, and devoid of an institutional aim to suppress particular messages or ideas, we are not in a position to set it aside,” the concurring opinion by judge Sri Srinivasan said. “Courts tend to give wide latitude to the executive branch on issues of national security,” says Dewardric McNeal, a former Department of Defense official and currently the managing director of DC-based consultancy Longview Global.

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