US-based TikTok clients have
a couple more weeks to check the for You Page. After that, the app will
restrict access in the US on January 19, 2025.
On Friday, the U.S. court
upheld a law on TikTok. It must auction itself off from its Chinese parent,
ByteDance, or face a boycott. This is a major catastrophe for the app, which
over 170 million Americans use.
The law could fine app
stores if they host TikTok after the deadline unless it's sold. For clients
with the app downloaded, it means they could use it for a while. But they would
need updates. This would make it buggy and useless.
The decision may lead to
TikTok restrictions. But, it is still unsettled.
Is the situation over?
TikTok demonstrated that it
intends to pursue the decision in the High Court. "TikTok expects the High
Court to uphold Americans' free speech. It has a record of doing so. Hughes, a
TikTok rep, said this in a statement on Friday."
The organization it recommended
has not changed its position. It won't separate from ByteDance. Hughes said,
"The TikTok boycott will silence 170 million Americans on January 19,
2025, unless it is halted."
Besides its appeal, two
other things could delay or stop a TikTok boycott. One is support from
President-elect Donald Trump after he takes office. President Joe Biden could
also grant a one-time, 90-day extension of the deadline. But he has not said he
will do so.
What will TikTok's allure be?
When it asks for a decision,
TikTok could also request a stay of the law while the High Court reviews the
case. This could allow TikTok to avoid the January ban deadline for a time.
There is a desire to decide
whether to stay or leave. We hope the High Court will issue a ruling without
delay on this. Both TikTok and the US government recently asked the US court to
ease its decision. They want to pursue the case without delay.
"The High Court could
set a prep timetable and an oral argument in the first week of January,"
Josh Schiller, of Boies Schiller Flexner, told CNN.
Nonetheless, Schiller said
TikTok is still liable to confront a daunting struggle in the High Court.
"Given the High Court's
libertarian leanings, I doubt the right-leaning justices would see this as a
public safety case," Schiller said. "So, they'd rule to uphold the
law."
The High Court could also
choose not to review the case. If it does, TikTok might be in trouble, said
Gautam Hans, a partner at the Main Correction Facility and a Cornell Law
professor.
"I'm suspicious that
the High Court will take this case," said Hans, who had endorsed an amicus
brief supporting TikTok for the situation. "They were careful in writing
the assessment. It aimed to cast doubt on the High Court's desire to allow a
survey, especially about the public safety suggestions." The court was
capable of taking those cases."
A help
from President-elect Trump?
Trump could likewise address
a lifesaver for TikTok's U.S. presence.
Trump tried to ban TikTok in
the US during his last term. He now says a ban on the app is unnecessary.
Trump said in June — in a
video presented on the actual stage — that he would "never boycott
TikTok."
It's unclear if Trump will
want to change it. The boycott will be real one day before his inauguration.
Trump could ask Congress to
repeal the law. But experts say that effort would likely fail. He has two
choices: coordinate with the principal legal officer to block the law. Or,
declare that TikTok is no longer subject to it. This is from a CNN interview
last month with Alan Rozenshtein, a law professor at the University of
Minnesota.
The main method would
include motioning toward TikTok's tech partners, like Apple. It risks fines
under the law if it keeps hosting TikTok on its app store after the deadline.
They "ought to go ahead and proceed with business with TikTok,"
Rozenshtein said. "Anyway, if you're Apple's general counsel, does that
give you confidence? You're abusing the law." Trump shows significant
inconsistency.
The latter choice would depend on a law. It gives the president the power to decide if a "qualified divestiture" of TikTok has occurred. In principle, Trump could announce it has a valid claim. Then, he'd have to trust it doesn't get tested in court. That approach could succeed. "Not satisfactory could sue to uphold the law," Rosenstein said.
What are clients talking about?
Friday's decision revived
fears of a boycott among U.S. TikTok users. They use the app to find
connections, get entertained, seek information, and make money.
Some TikTok clients had
recently encouraged their delegates to cast a ballot "no" on the law.
Some said that moving a huge TikTok crowd to another site is risky. Each site
has its own unique algorithm and adaptation process.
"TikTok is a huge part
of my pay and my job. So, I don't want to see it flounder," lifestyle
creator Carrie Berk told CNN Friday. "Since 2020, there's been talk of
restricting TikTok. But, nothing has happened. So, I have some doubts."
Nothing remains at this point but to cross our fingers for the time being that
it doesn't get prohibited."
"I expect TikTok won't
be banned in the US. But, it doesn't look great," another client said in a
video shown on stage Friday.
In any case, few out of
every odd TikTok client are so concerned.
"It will get
prohibited" due to the large numbers of little US organizations that
depend on the application, Keenya Kelly, a substance tactician and maker who
utilizes TikTok, told CNN. "I do feel that they will drive TikTok to do
things that they would rather not do; but, it will be prohibited."
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