On Friday, the Supreme Court delivered a unanimous ruling supporting a federal law that will impose a ban on TikTok effective this Sunday unless the app is sold by its Chinese parent company, ByteDance. The justices determined that the national security concerns associated with TikTok’s affiliations with China outweigh any potential restrictions on the platform’s free speech rights, which affect its roughly 170 million users in the United States.
While experts suggest that the app will remain on the smartphones of existing users even after the ban takes effect, new users will be unable to download it, and current users will not receive updates. This situation, according to court statements from the Justice Department, will ultimately make the app unsustainable.
The ruling unfolds amid an unusual political scenario involving President-elect Donald Trump, who expressed confidence in his ability to negotiate a favorable outcome, and the current administration under President Joe Biden, which has indicated it will refrain from enforcing the upcoming law. The legislation, which received significant bipartisan support, is set to take effect on Sunday, the last full day of Biden’s presidency.
In a statement, White House press secretary Karine Jean-Pierre mentioned, “TikTok should remain available to Americans, but under American management or another ownership structure that addresses the national security issues highlighted by Congress.” She added that the enforcement of the law would transition to the incoming administration.
Trump, aware of TikTok’s widespread use, found himself at odds with several prominent Senate Republicans who criticized TikTok’s owners for failing to secure a buyer. On Truth Social, before the Supreme Court’s ruling, Trump remarked that TikTok was a topic in his discussions with Chinese president Xi Jinping.
TikTok CEO Shou Zi Chew utilized the platform to extend gratitude to the incoming president for “his commitment to working with us to ensure TikTok remains available.” However, it remains uncertain what options will be available to Trump, a Republican, once he assumes office on Monday. The law stipulates a potential 90-day period where restrictions could be placed on hold if genuine progress toward a sale is made prior to enforcement. Solicitor General Elizabeth Prelogar informed the justices last week that it is unclear if a sale after the law’s initiation could prompt a 90-day pause for TikTok.
The court’s ruling sheds light on the balance between First Amendment rights and national security, particularly within the rapidly evolving landscape of social media. The justices acknowledged the challenges presented by the new dynamics of technology, as they admitted their limited understanding.
“Congress has deemed divestiture essential to mitigate its well-founded national security apprehensions regarding TikTok’s data collection practices and its connections to a foreign adversary,” stated the court in an unsigned opinion. It also concluded that the law does not infringe on the First Amendment rights of the objecting parties. Justice Sonia Sotomayor and Justice Neil Gorsuch issued brief separate opinions expressing distinct concerns about the ruling yet ultimately aligning with its conclusion.
Justice Gorsuch described the response from Congress and the President as extreme, but he ultimately found himself convinced that the threat posed by China to access personal data of millions of Americans warranted such measures.
In response to the Supreme Court’s ruling, digital rights advocates expressed their dismay. Kate Ruane, a representative from the Center for Democracy & Technology in Washington, stated, “Today’s unprecedented ruling to uphold the TikTok ban compromises the free expression rights of hundreds of millions of TikTok users in this country and globally.” Content creators also raised alarms about the potential impact on their businesses, highlighting concerns over diminishing customer outreach due to the prohibition.
During court proceedings, attorneys for TikTok and ByteDance articulated the complexities involved in executing a sale, notably citing Chinese laws that limit the selling of proprietary algorithms that have been central to TikTok’s success. This app captivates users by allowing them to enjoy a multitude of short videos in a relatively brief span.
The ongoing debate over TikTok’s connections to China reflects the larger geopolitical conflicts between the United States and China. Senator Tom Cotton from Arkansas criticized TikTok’s owners for not finalizing a sale before the impending deadline, emphasizing that the Chinese government’s unwillingness to consent to the sale underscores TikTok’s problematic status as a “communist spy app.” According to U.S. officials, there are apprehensions that TikTok collects extensive user data, which could fall under the control of the Chinese government through coercive means and be manipulated to influence the content presented on the platform.
In April, Biden signed legislation aimed at addressing these national security concerns, which have risen over the years as the government classified TikTok as a potential threat. The company has consistently denied being a tool for Beijing’s surveillance. After losing a December appeal to a three-judge panel, TikTok quickly escalated its case to the Supreme Court.
Without a sale to an authorized purchaser, TikTok’s availability will be prohibited on app stores managed by major companies like Apple and Google from Sunday onward. In addition, internet infrastructure providers will be banned from hosting TikTok as well. Although ByteDance has stated it has no intention to sell, several investors have expressed interest, including former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt. McCourt’s Project Liberty has indicated that it, along with potential partners, has extended an acquisition proposal for TikTok’s operations within the U.S., although specific financial details remain undisclosed.
Following the court ruling, McCourt emphasized his group’s readiness to collaborate with both the company and President Trump to facilitate a transaction. Prelogar indicated to the justices last week that allowing the law to be enacted might spur ByteDance to reassess its stance on a sale.
