In a landmark decision Friday, the U.S. Supreme Court unanimously upheld a federal law requiring TikTok’s China-based parent company, ByteDance, to divest from the app or face a ban. The ruling paves the way for the ban to take effect Sunday, though the Biden administration has confirmed it will defer enforcement to President-elect Donald Trump, who will be inaugurated three days later.
The justices sided with the Biden administration, rejecting TikTok’s argument that the divest-or-ban mandate violates the First Amendment. The court ruled that national security concerns surrounding the app’s data practices and potential ties to the Chinese government outweigh free speech claims.
“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 court stated in its opinion. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns.”
Unanimous Decision, Separate Opinions
The court was unanimous in its judgment, with Justices Sonia Sotomayor and Neil Gorsuch writing separate concurrences. Sotomayor criticized the court for only assuming, rather than definitively deciding, that the First Amendment applies. Gorsuch noted that while the court ruled appropriately, he questioned whether the law would achieve its intended purpose, acknowledging the possibility of emerging threats.
The law, signed by President Biden last April, gave ByteDance 270 days to divest from TikTok or face a ban from U.S. app stores. TikTok contends divestment is infeasible and has warned that it will "go dark" if the ban proceeds.
Biden Administration Defers Enforcement
White House Press Secretary Karine Jean-Pierre stated that while President Biden supports keeping TikTok accessible to Americans under new ownership, his administration will not enforce the law in its final days. “Given the sheer fact of timing,” she said, “implementation simply must fall to the next Administration.”
This decision leaves the app’s future in the hands of Trump, who has expressed a willingness to negotiate a deal to save the platform. Trump, who has shown sympathy for TikTok’s predicament, said Friday, “It ultimately goes up to me, so you’re going to see what I’m going to do.”
TikTok’s Arguments Rejected
TikTok has maintained that the ban violates the First Amendment rights of both the company and its users. The Supreme Court dismissed those concerns, finding that the government’s national security interests justify the law.
“Under these circumstances, we find the Government’s data collection justification sufficient to sustain the challenged provisions,” the court wrote.
Despite the ruling, the app’s future remains uncertain. ByteDance has resisted divestment, but the company has reportedly received interest from potential buyers, including billionaire Frank McCourt’s Project Liberty.
Ban’s Impact and Timeline
If the ban takes effect Sunday, TikTok will no longer be available for download from app stores, and the lack of updates will likely render the app unworkable over time. However, the platform could shut down entirely to comply with the law.
Trump, who has discussed the issue with Chinese President Xi Jinping, is reportedly considering signing an executive order to postpone the ban and negotiate a deal. TikTok CEO Shou Zi Chew is expected to attend Trump’s inauguration, signaling potential for further dialogue.
Fast-Tracked Case, Wider Implications
The Supreme Court acted with unusual speed, hearing arguments in December and issuing its opinion just a week later. This swift timeline underscores the high stakes of the case, both for national security and the platform’s massive user base.
Jacob Huebert, president of the Liberty Justice Center, criticized the court’s decision, calling the ban a “sweeping restriction on Americans’ right to free speech.”
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