The Supreme Court on Friday delivered a blow to TikTok by upholding a law that could potentially lead to the video-sharing social media platform being banned in the United States. The justices in an unsigned opinion with no dissents rejected a free speech challenge filed by the company, meaning the law is set to go into effect on Sunday as planned. The bipartisan law requires China-based TikTok owner ByteDance to divest itself of the company by Sunday, the day before President-elect Donald Trump is to take office. If no sale takes place, the platform used by millions of Americans will in theory be banned.
The Supreme Court on Friday unanimously upheld the federal law banning TikTok beginning Sunday unless it’s sold by its China-based parent company,holding that the risk to national security posed by its ties to China overcomes concerns about limiting speech by the app or its 170 million users in the United States. A sale does not appear imminent and, although experts have said the app will not disappear from existing users’ phones once the law takes effect on Jan. 19, new users won’t be able to download it and updates won’t be available. That will eventually render the app unworkable, the Justice Department has said in court filings.
The US Supreme Court upheld a law to force TikTok’s sale from a Chinese state-owned firm, even as President Biden and President-elect Donald Trump have sought to delay the divestment. The court’s justices in a unanimous ruling ordered the qualified divestment of the California-based social media platform from China’s 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,” they wrote in an opinion upholding the DC US Appeals Court ruling. “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,” they said.