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Law & Courts

TikTok Is a Step Closer to Being Banned. What 69传媒 Need to Know

By Lauraine Langreo 鈥 December 11, 2024 3 min read
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Is TikTok actually going to get banned? The threat that the wildly popular social media platform will be banned in the United States has been lurking for more than a year.

Now, though, it seems a ban is on the verge of happening after a ruling by a federal appeals court panel has cleared the way.

The U.S. Court of Appeals for the District of Columbia Circuit on Dec. 6 denied TikTok鈥檚 petition to overturn the law that requires TikTok to break ties with its China-based parent company ByteDance Ltd. or be banned by mid-January.

In response, TikTok on Dec. 9 asked the court to pause the enforcement of the law until the U.S. Supreme Court reviews the social media company鈥檚 challenge to the statute. It鈥檚 unclear whether the Supreme Court will take up TikTok鈥檚 appeal.

For many educators, the TikTok ban would be welcome news. They鈥檙e weary of a platform they believe has hurt young people鈥檚 mental health, catered to shorter attention spans at the expense of deep thinking, distracted students from class work, and spread viral challenges urging teens to do dangerous or destructive things.

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Devotees of TikTok gather at the Capitol in Washington, as the House passed a bill that would lead to a nationwide ban of the popular video app if its China-based owner doesn't sell, Wednesday, March 13, 2024. Lawmakers contend the app's owner, ByteDance, is beholden to the Chinese government, which could demand access to the data of TikTok's consumers in the U.S.
Devotees of TikTok gather at the Capitol in Washington, as the House passed a bill that would lead to a nationwide ban of the popular video app if its China-based owner doesn't sell, Wednesday, March 13, 2024. Lawmakers contend the app's owner, ByteDance, is beholden to the Chinese government, which could demand access to the data of TikTok's consumers in the U.S.
J. Scott Applewhite/AP

Other educators, however, would be sad to see it go. The app has helped some educators connect with their students鈥攁nd even serves as a go-to professional development resource, particularly for younger and preservice teachers.

Here鈥檚 a brief update of where things stand in the groundbreaking lawsuit, and what it means for schools, with plenty of links to EdWeek鈥檚 coverage.

Why U.S. lawmakers banned TikTok

The law, signed by President Joe Biden in April, was born out of national security and privacy concerns.

TikTok is a wholly owned subsidiary of Chinese technology company ByteDance Ltd. Lawmakers contended that China鈥檚 national security laws give its government the right to demand access to the data of TikTok鈥檚 U.S. users, including for intelligence-gathering purposes.

TikTok officials have consistently rejected the argument that the platform could be used to aid the Chinese government. TikTok has never shared U.S. user information with Chinese authorities and wouldn鈥檛 do so if asked, company officials say.

See Also

Devotees of TikTok gather at the Capitol in Washington, as the House passed a bill that would lead to a nationwide ban of the popular video app if its China-based owner doesn't sell on March 13, 2024. Lawmakers contend the app's owner, ByteDance, is beholden to the Chinese government, which could demand access to the data of TikTok's consumers in the U.S.
Devotees of TikTok gathered at the Capitol in Washington on March 13, 2024, as the U.S. House passed a bill that would lead to a nationwide ban of the popular video app if its China-based owner doesn't sell it.
J. Scott Applewhite/AP

The U.S. government also has not supplied evidence that TikTok provided data on U.S. users to the Chinese government, the Associated Press reported.

TikTok argues that the law infringes on Americans鈥 freedom of speech.

鈥淭he TikTok ban, unless stopped, will silence the voices of over 170 million Americans here in the U.S. and around the world on January 19th, 2025,鈥 the company said in a statement in response to the circuit court鈥檚 decision.

The court ruled, however, that the law doesn鈥檛 violate the First Amendment because the government is not looking to 鈥渟uppress content or require a certain mix of content鈥 on TikTok.

Is TikTok addictive for children? Other legal challenges loom

TikTok is facing other legal challenges separate from the attempt to ban it.

At least 13 states and the District of Columbia have filed a series of lawsuits claiming that TikTok is intentionally designed to be addictive to kids. And those addictive features, the lawsuits say, are harming kids鈥 mental health. TikTok says such claims are inaccurate and misleading.

The U.S. Department of Justice in August also sued the company for violating the federal Children鈥檚 Online Privacy Protection Act, . The department alleges that the platform knowingly created accounts for鈥攁nd collects data from鈥攃hildren without first notifying parents and obtaining consent, and that the company failed to delete accounts and information when requested. TikTok disputes the allegations.

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The TikTok logo is seen on a mobile phone in front of a computer screen which displays the TikTok home screen, Oct. 14, 2022, in Boston.
The TikTok logo is seen on a mobile phone in front of a computer screen which displays the TikTok home screen, Oct. 14, 2022, in Boston.
Michael Dwyer/AP
Classroom Technology A Deep Dive Into TikTok's Sketchy Mental Health Advice
Alyson Klein, April 24, 2024
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Educators are skeptical that banning TikTok will matter in their classrooms

Even if the ban goes through, some educators are not optimistic that it will solve their social media woes. 69传媒 will just find another platform to use constantly, they say.

Young people are also using TikTok鈥檚 competitors: Instagram, YouTube, Snapchat, and other alternatives.

Many schools have put restrictions on when students can use their phones during the day to help ease the distractions they cause. They鈥檙e also teaching students digital citizenship, social-emotional skills about how to self-regulate and curb their own phone usage, and modeling appropriate use.

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