The U.S. Supreme Court has upheld a law banning TikTok in the United States unless its China-based parent company, ByteDance, sells the platform by Sunday.
TikTok had challenged the law, arguing it would violate free speech protections for the more than 170 million users it claims to have in the United States.
But that argument was unanimously rejected by the nation’s highest court, meaning TikTok must now find an approved buyer for the US version of the app or risk being removed from app stores and websites. web hosting services.
The White House said it would be up to the administration of new President Donald Trump, which takes office Monday, to enforce the law. Trump pledged to make a decision in the “not too distant future.”
TikTok CEO Shou Zi Chew, who is expected to attend Trump’s inauguration on Monday, seated among other high-profile guests, said he wanted to thank Trump for his commitment to working with the app and keep available in the United States.
Democratic and Republican lawmakers voted last year to ban the video-sharing app over concerns about its ties to the Chinese government. TikTok has repeatedly said it does not share information with Beijing.
The law gives TikTok owner ByteDance until January 19 to sell the U.S. version of the platform to a neutral party to avoid an outright ban.
This would mean that starting Sunday, Apple and Google will no longer offer the app to new users or provide security updates to current users – which could potentially kill it.
ByteDance has pledged not to sell TikTok and plans to shut down the app’s U.S. operations on Sunday, barring a reprieve.
The Supreme Court ruled, without a dissenting opinion, that the law did not violate the protection of free speech provided by the First Amendment to the U.S. Constitution.
The justices upheld a lower court’s ruling that upheld the measure after it was challenged by ByteDance.
“There is no doubt that, for more than 170 million Americans, TikTok provides a distinctive and expansive means of expression, a means of engagement, and a source of community,” the Supreme Court said.
“But Congress has determined that divestment is necessary to address its well-founded national security concerns about TikTok’s data collection practices and its dealings with a foreign adversary.”
‘Stay tuned!’
Following the Supreme Court’s ruling, White House Press Secretary Karine Jean-Pierre said in a statement that President Joe Biden’s position on TikTok has been clear for months: “TikTok should remain accessible to Americans , but simply under U.S. ownership or other ownership that addresses the national security concerns identified by Congress in crafting this law.
But due to “the simple fact of timing,” she added, the president “Action to enforce the law must simply be left to the next administration, which takes office on Monday.”
On Friday, Trump posted on his social media platform Truth Social: “The Supreme Court’s decision was expected and everyone should respect it.
“My decision on TikTok will be made in the not too distant future, but I need time to take stock of the situation. Stay tuned!”
He also revealed that he spoke to Chinese President Xi Jinping and discussed TikTok, among other topics.
In December, Trump said he had a “hot spot” for the app because it helped him with young voters in the 2024 election.
Trump’s comments mark a reversal from his position during his first term as president as he considered enacting a similar ban by a decree.
A “firm stance” for freedom of expression
The ban comes at a time when the United States is increasingly concerned about Chinese espionage.
Cybersecurity companies have suggested that the app is capable of collecting data on users beyond what they view on TikTok.
Attorney General Merrick Garland said authoritarian regimes should not have “unfettered access” to Americans’ data and that the ruling prevented China from “weaponizing TikTok to undermine American national security.”
China enacted a law in 2017 that requires Chinese nationals living abroad to cooperate with its intelligence services.
But Beijing has denied pressuring companies to collect information on its behalf and criticized the ban. TikTok has repeatedly stressed that it was not asked for its data.
The app argued that the law endangered First Amendment rights and would harm its users, advertisers, content creators and employees. TikTok has 7,000 employees in the United States.
Noel Francisco, a lawyer for TikTok and ByteDance, told the Supreme Court during arguments that the app was “one of the most popular voice platforms in America,” and said the law would require it to “become dark” unless ByteDance sells the app.
Posting on TikTok after the decision, CEO Chew said: “This is a strong stance in support of the First Amendment and against arbitrary censorship.
“We are grateful and happy to have the support of a president (Trump) who truly understands our agenda.”
