Court Denies TikTok Request to Delay Ban

The Epoch Times Header

The judges found no precedent in granting this type of request.

A federal appeals court on Dec. 13 denied TikTokโ€™s request to delay the Jan. 19, 2025, deadline for it to cut ties with the Chinese communist regime, shortly after the app filed its final argument for a delay.

In an unsigned, expedited order, the three-judge panel denied the request and found there was no precedent for granting this type of request.

TikTok, its parent company ByteDance, and a group of TikTok users had challenged the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) that went into effect in April, arguing the law was unconstitutional on First Amendment grounds. PAFACA forbids apps that operate in the United States from being owned by a foreign adversary. ByteDance argues that it is effectively a ban because the Chinese regime will not allow the sale of TikTok and its proprietary algorithm.

The U.S. Circuit Court of Appeals for the District of Columbia last week denied the petitionersโ€™ challenge, finding the law did not violate the First Amendment. The Justice Department, representing the government, argued that the law targeted ownership of an entity by a foreign adversary, not content on the app.

When President Joe Biden signed the law in April, it started a 270-day countdown for ByteDance to either divest of TikTok by Jan. 19, 2025, or cease operations in the United States.

TikTok then requested the court pause the countdown while it seeks appeal at the U.S. Supreme Court. The DOJ had opposed the delay, arguing three branches of government had already affirmed that TikTok presented a national security risk.

โ€œThe petitioners have not identified any case in which a court, after rejecting a constitutional challenge to an Act of Congress, has enjoined the Act from going into effect while review is sought in the Supreme Court,โ€ the order reads.

The judges found that TikTok and the petitioners relied on First Amendment arguments that the court had already rejected in order to make their case for an extension.

โ€œAs to those claims, this court has already unanimously concluded the Act satisfies the requirements of the First Amendment under heightened scrutiny,โ€ the order reads.

Byย Catherine Yangย andย Sam Dorman

Read Full Article on TheEpochTimes.com

The Epoch Times
The Epoch Timeshttps://www.theepochtimes.com/
Tired of biased news? The Epoch Times is truthful, factual news that other media outlets don't report. No spin. No agenda. Just honest journalism like it used to be.

Columns

How Legal Immigration Is Keeping Farms Afloat

The H-2A visa program is an example of how legal immigration can supply labor in America, but farmers say reform is needed.

Trumpโ€™s EO to Reduce Drug Prices Explained

Trump signed an Executive Order to bring the prices Americans pay for prescription drugs in line with those paid by other nations around the world.

Parents of Autistic Children Weigh In on RFK Jr.โ€™s Plan to Find the Cause

โ€˜The bottom line is we want the truth. We want safe products for our kids,โ€™ said an Ohio dad with an autistic child.

Fighting the Idiocracy

Despite our country's noble efforts to defend freedom and liberty across the globe we now find ourselves defending democracy against idiocracy.

Recent Sun Activity Could Trigger Major Earthquakes

A number of scientists around the world are sharing concerns about an imminent global seismic event.

News

5 Takeaways From Supreme Court Hearing on Nationwide Injunctions, Birthright Citizenship

Supreme Court heard oral arguments in relation to Trump adminโ€™s request to lift nationwide injunctions placed on presidentโ€™s birthright citizenship order.

Federal Judge Blocks Trumpโ€™s Order to Strip Foreign Service Bargaining Rights

Judge temporarily blocked President Trumpโ€™s order stripping foreign service workers of collective bargaining rights, granting a preliminary injunction.

New Era of โ€˜Supply Shocksโ€™ Could Force Higher Long-Term Interest Rates, Says Powell

A period of supply disruptions may reshape the U.S. economy, leading to unstable inflation and sustained higher interest rates, says Chair Jerome Powell.

FTC Warns StubHub Over Apparent Failure to List Total Price of Tickets

Ahead of the 2025 NFL season, the FTC sent a letter to StubHub calling for strict compliance with the agencyโ€™s new Rule on Unfair or Deceptive Fees.

Supreme Court Rules 9โ€“0 That Excessive Force Lawsuit May Proceed Against Police Officer

Supreme Court ruled that the mother of a man killed by police during a traffic stop may pursue a civil rights lawsuit against the officer who shot him.

Supreme Court Wrestles With Nationwide Injunctions in Birthright Citizenship Case

Supreme Court grappled with how far federal judges could go in issuing sweeping blocks on policies such as Trumpโ€™s order restricting birthright citizenship.

Lawsuit Alleges Musk, Election PAC Failed to Pay Swing State Petition Signers

Lawsuit filed against Musk and his PAC accuses them of failing to pay registered voters in swing states for signing petition supporting candidate Trump.

Trump Weighs In on Supreme Court Case Involving Birthright Citizenship

President Trump weighed in on the U.S. Supreme Court hearing arguments in a case involving his order to limit birthright citizenship.
spot_img

Related Articles