WASHINGTON (NewsNation) — The Supreme Court on Friday unanimously upheld a law banning TikTok in the United States by Jan. 19 unless it’s sold by Chinese parent company ByteDance.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the Supreme Court opinion said. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”
Early in arguments that lasted more than two and a half hours, Chief Justice John Roberts identified his “main concern”: TikTok’s ownership by China-based ByteDance and the parent company’s requirement to cooperate with the Chinese government’s intelligence operations.
President Joe Biden said this week he would not enforce a ban if it was upheld.
In a statement shortly after the Supreme Court decision was released, White House Press Secretary Karine Jean-Pierre said Biden’s position on TikTok is that it should remain available to Americans, but “under American ownership or other ownership that addresses the national security concerns identified by Congress.”
“Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,” Jean-Pierre said.
President-elect Donald Trump posted on Truth Social that the decision was expected, and must be respected.
“My decision on TikTok will be made in the not too distant future, but I must have time to review the situation,” he said. “Stay tuned!”
On Friday, Trump discussed TikTok, among other topics, during a call with Chinese President Xi Jinping.
What happens to your TikTok account?
TikTok users who already have the app on their phones will continue to have access to it. But new users won’t be able to download the app and existing ones will no longer be able to receive updates. That will eventually render the app unworkable, the Justice Department has said in court filings.
ByteDance and TikTok have been saying that divestment is not feasible, and that if the ban is allowed to go into effect, the app will effectively go dark.
What happens if ByteDance can’t find a buyer?
If TikTok isn’t sold to an approved buyer, federal law would prohibit app stores, such as those operated by Apple and Google, from offering the popular app. It would also bar internet hosting services from hosting TikTok.
Why was TikTok facing a ban?
President Joe Biden signed a law last April stating that ByteDance, which owns TikTok and is based in China, had a Jan. 19 deadline to sell the platform to an approved buyer or face being banned in the U.S.
U.S. officials argued that the vast amounts of user data that TikTok collects, including sensitive information on viewing habits, could fall into the hands of the Chinese government through coercion. They were also concerned that the proprietary algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who could pressure ByteDance to shape content on the platform in a way that’s difficult to detect.
TikTok, which sued the government last year over the law, has long denied it could be used as a tool of Beijing.
The law came under a larger foreign aid package called the Protecting Americans from Foreign Adversary Controlled Applications Act.
TikTok has been fighting the law ever since.
What did Tiktok say about the ban?
TikTok and ByteDance — along with some content creators and users — argued the law violates constitutionally protected free speech rights.
“Rarely if ever has the court confronted a free speech case that matters to so many people,” lawyers for the users and content creators wrote.
TikTok said in previous court briefs that a ban “will silence the speech of applicants and the many Americans who use the platform to communicate about politics, commerce, arts and other matters of public concern.”
The platform also contends it operates separately from its Chinese parent company and will not be subject to pressure from the American adversary.
TikTok embattled in legal challenges all over the world
With billions of users spanning the globe, concerns around TikTok have sparked in several countries.
The company faces outright or partial bans in at least 20 nations, The New York Times reported.
India banned the app in 2020 as tense relations with China exploded into combat along their shared border, the Times reported. Nepal took TikTok offline for nearly a year for not shutting down content the government described as hate speech, according to the Times.
NewsNation’s Kellie Meyer, Safia Samee Ali and the Associated Press contributed to this report.
