Supreme Court Upholds TikTok Ban in Unanimous Decision
The Supreme Court has issued a unanimous 9-0 ruling on Friday, upholding the federal law requiring TikTok’s Chinese parent company, ByteDance, to divest from the popular app or face a ban in the United States.
The decision clears the way for the app’s potential shutdown just days before President-elect Donald Trump’s inauguration. Trump had previously urged the Supreme Court to delay the ban deadline to allow a deal to be made. However, the court declined this request and instead quickly issued a ruling.
In its opinion, the court concluded that the divestiture mandate does not violate the First Amendment, citing national security concerns raised by Congress.
“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. “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.”
The ban, passed in April 2024 with bipartisan support, required ByteDance to divest within 270 days or be banned in the US. TikTok has since refused, now announcing that the app will “go dark” on Sunday. It has continually argued that the ban infringes on its constitutional rights. The court, however, dismissed TikTok’s First Amendment arguments, affirming the government’s position that the app poses a national security risk due to its alleged ties to the Chinese government and data collection practices on American users.
“Under these circumstances, we find the Government’s data collection justification sufficient to sustain the challenged provisions,” the court said.
Justices Sonia Sotomayor and Neil Gorsuch issued concurring opinions. Gorsuch argued that the court was correct not to rely on the federal government’s rationale regarding content manipulation.
“Whether this law will succeed in achieving its ends, I do not know. A determined foreign adversary may just seek to replace one lost surveillance application with another,” Gorsuch wrote. “As time passes and threats evolve, less dramatic and more effective solutions may emerge. Even what might happen next to TikTok remains unclear.”
The Biden administration has expressed support for the ban, maintaining that TikTok should remain accessible to Americans but under new ownership.
“President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: 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,” White House Press Secretary Karine Jean-Pierre said in a statement following the ruling.
It is unclear what will happen to TikTok after the court’s decision. CEO Shou Zi Chew is expected to attend Trump’s inauguration on Monday, and reports suggest Trump is considering an executive order that would circumvent the ban, according to a report by The Hill.
