The Supreme Court made a unanimous decision on Friday, affirming a federal law that bans TikTok from operating in the U.S. unless it is sold by its Chinese parent company, effective Sunday. The ruling emphasizes that national security risks associated with the app’s connections to China outweigh concerns regarding freedom of speech for its 170 million American users.
While a sale of TikTok doesn’t seem to be on the immediate horizon, experts caution that the app will remain accessible to existing users even after the law is implemented. However, new users won’t be able to download the app, and updates will no longer be available, likely leading to its decline in functionality, according to statements from the Justice Department.
This legal battle has unfolded against a backdrop of political maneuvering, particularly from President-elect Donald Trump, who has expressed a desire to find a resolution. The Biden administration, while upholding the law that received substantial bipartisan backing, has indicated it will not start enforcement until after Biden’s final day in office.
White House press secretary Karine Jean-Pierre stated that TikTok should continue to operate in the U.S., but under American or other ownership that addresses the national security issues raised by Congress when creating this law. Actions to enforce the law will be the responsibility of the incoming administration.
Although Trump has expressed support for TikTok, he finds himself at odds with prominent Senate Republicans, who criticize TikTok’s Chinese owners for not facilitating a sale earlier. In a Truth Social post preceding the Court’s decision, he mentioned discussing TikTok with Chinese leader Xi Jinping.
TikTok’s CEO, Shou Zi Chew, communicated his gratitude for the incoming administration’s pledge to keep TikTok operational. As Trump prepares to assume the presidency, it remains uncertain what measures he may take in response to the ruling. The law allows for a temporary delay of 90 days in enforcement if there is significant movement towards a sale before it takes effect; however, Solicitor General Elizabeth Prelogar conveyed to the justices that it’s uncertain if a potential sale could trigger such a pause.
The Court’s ruling highlights the delicate balance between the First Amendment rights and national security imperatives in the evolving landscape of social media. The justices recognized the complexities surrounding the issue, admitting they are still navigating uncharted territory.
The ruling stated that Congress deemed divestiture necessary to mitigate valid national security fears linked to TikTok’s data practices and its foreign ties, asserting that the law does not infringe on users’ First Amendment rights. While two justices expressed some reservations in separate opinions, they ultimately concurred with the decision.
Digital rights advocates immediately criticized the ruling, asserting that it adversely impacts the freedom of expression for millions of TikTok users globally. Content creators have also voiced concerns, with one Georgia-based shop owner expressing anxiety about how the ban could threaten her business’s survival in the coming months.
During court arguments, an attorney representing TikTok described the hurdles involved in brokering a deal, particularly as Chinese laws impose restrictions on the sale of the algorithm that drives the app’s success. Furthermore, TikTok is accused of being designed for addiction, which has led many states to file lawsuits against it, a claim that the company has staunchly denied.
The controversy surrounding TikTok has come to symbolize broader geopolitical tensions between the United States and China. Some lawmakers, like Senator Tom Cotton, argue that the lack of a sale indicates that TikTok could be a tool for the Chinese government. U.S. officials have voiced concerns over TikTok’s potential data harvesting practices that could furnish the Chinese government with sensitive user information. However, TikTok asserts that the U.S. has not provided concrete evidence of any misuse of American user data or manipulation of content on the platform by the Chinese authorities.
The legislation banning TikTok was signed by President Biden earlier this year, following years of scrutiny over the app’s association with national security risks. TikTok has continually denied being a vehicle for Beijing’s influence or espionage. A previous panel of judges upheld the law, leading TikTok to appeal to the Supreme Court.
Without an approved sale to another entity, the law will restrict app stores like Apple and Google from offering TikTok starting Sunday, also preventing internet hosting services from supporting the platform. Despite ByteDance’s insistence to retain ownership, some investors, including notable figures such as former Treasury Secretary Steven Mnuchin and businessman Frank McCourt, have expressed interest in acquiring TikTok’s U.S. operations. McCourt’s Project Liberty initiative has claimed to propose a plan to acquire the app’s U.S. assets, although financial details remain undisclosed.
In light of the Supreme Court’s ruling, McCourt expressed eagerness to collaborate with both ByteDance and President Trump to finalize a deal. Meanwhile, Prelogar suggested during court proceedings that the implementation of the law might prompt ByteDance to reconsider its stance on selling.
