The United States Supreme Court has declined to intervene in a law mandating that TikTok, the popular short-video app, be sold by its Chinese parent company, ByteDance, or face a ban in the country. The ruling follows concerns over national security, with the Biden administration arguing that Chinese government control of TikTok presents a significant threat. The law, passed in April by a bipartisan majority in Congress and signed by President Joe Biden, requires compliance before a looming Sunday deadline.
The Supreme Court's unanimous decision upholds the law, asserting that it does not infringe on the First Amendment's free speech protections. The ruling comes after TikTok, ByteDance, and some content creators contested the measure, appealing to the Supreme Court following a defeat at the US Court of Appeals for the District of Columbia Circuit on December 6. The high court swiftly addressed the case, holding arguments on January 10, just days before the divestiture deadline.
"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," stated the Supreme Court.
The Biden administration defended the law, citing national security risks. Elizabeth Prelogar from the Department of Justice argued that Chinese control over TikTok could enable China to gather sensitive data on Americans and conduct covert influence operations.
"could weaponise TikTok at any time to harm the United States," warned Elizabeth Prelogar.
TikTok has cautioned that the ban would significantly impact its user base, advertisers, content creators, and employees. Noel Francisco, representing TikTok and ByteDance, contended that the real target of this law is speech, specifically concerns about Chinese misinformation influencing Americans.
“one of America’s most popular speech platforms,” described Noel Francisco.
The law imposes legal liability on companies providing services to TikTok or hosting the app if they fail to comply with the divestiture requirement. As the deadline approaches, TikTok plans to cease US operations unless a last-minute reprieve occurs.
“TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” stated White House Press Secretary Karine Jean-Pierre.
The Supreme Court has tasked the Biden administration with implementing the law by Sunday. However, Karine Jean-Pierre indicated that action to enforce the law "must fall to the next administration," alluding to the incoming Trump administration. Trump's national security adviser, Mike Waltz, mentioned that they would keep TikTok operational in the United States if a viable deal is reached.
“Congress has given me the decision, so I’ll be making the decision,” remarked Donald Trump.
