The Government does not suppress content or require a certain mix of content. Indeed, content on the platform could in principle remain unchanged after divestiture, and people in the United States would remain free to read and share as much PRC propaganda (or any other content) as they desire on TikTok or any other platform of their choosing," Ginsburg wrote in the majority opinion.
"Congress judged it necessary to assume that risk given the grave national security threats it perceived. 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.
In reality, the app is most likely to survive a few more months. A 90-day extension of the deadline remains on the table for the Biden administration, which would leave the issue in Trump's hands. What's more certain to happen is that ByteDance would appeal the court decision today and take it to the Supreme Court next.
Friday's ruling will not come as a surprise to people who have been watching the case. In the oral arguments in front of the Appeals Court back in September, the judges appeared to have already bought the idea that the app poses a valid national security concern for the US.
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