ACLU Slams Appeals Court Decision Upholding TikTok Ban

WASHINGTON — Today, in a major blow to freedom of expression online, the U.S. Court of Appeals for the D.C. Circuit rejected TikTok’s challenge to legislation that would effectively ban Americans from using the popular social media platform as soon as January. The law at issue — the 21st Century Peace Through Strength Act — would also grant the president broad powers to ban other platforms with foreign ownership.

“This ruling sets a flawed and dangerous precedent, one that gives the government far too much power to silence Americans’ speech online. 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,” said Patrick Toomey, deputy director of ACLU’s National Security Project. “The government cannot shut down an entire communications platform unless it poses extremely serious and imminent harm, and there's no evidence of that here.”

TikTok may appeal today’s ruling to the U.S. Supreme Court before the ban goes into effect. President-elect Donald Trump has also indicated that he may refuse to enforce the ban when his administration takes office. The American Civil Liberties Union urges the new administration to work with Congress to repeal or amend the 21st Century Peace Through Strength Act to ensure that any regulation of social media platforms does not infringe our free speech rights and protects our right to share and access information online without undue government interference.

“Taking away Americans’ free speech rights does not make us safer; it endangers our democracy,” said Jenna Leventoff, senior policy counsel at ACLU. “If the Supreme Court does not step in, the next administration must immediately work with Congress to fix or repeal this flawed legislation. No one should be stripped of their ability to express themselves, especially on a platform that brings together such an immense, vibrant collection of voices from around the world.”

The ACLU has repeatedly explained why banning TikTok would have profound implications for our constitutional right to free speech and free expression, as millions of Americans rely on the app every day for information, communication, advocacy, and entertainment. Until today, the courts have agreed. In November 2023, a federal district court in Montana ruled that the state’s attempted ban would violate Montanans’ free speech rights and blocked it from going into effect.

The decision is available here.