The US Supreme Court ruled unanimously on Friday to uphold a federal law requiring TikTok’s Chinese parent company, ByteDance, to sell the app by Sunday or face a ban on its US operations, citing national security concerns over its ties to China. The ruling, which determined that the ban did not violate First Amendment free speech principles, could result in more than 170 million American users losing access to TikTok entirely–but this remains contingent on the outgoing Biden administration enforcing the mandate.
“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 wrote in its unassigned opinion. “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.”
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Despite President Joe Biden’s role in enacting the legislation in the first place, administration officials now indicate that he will not actively enforce the ban in his final days as president, instead deferring the responsibility to President-elect Donald Trump, who takes office the day after the sale deadline.
Trump, who floated the idea of banning TikTok during his first term, has since reversed course and now appears willing to work with ByteDance to keep the app running in the US. The president-elect has indicated that he might issue an executive order to delay enforcement, although it’s uncertain if he possesses the legal authority to do so.
The law has bipartisan support in Congress, reflecting widespread concern over data privacy and espionage risks associated with Chinese ownership of the platform. Senate leaders are divided on the issue, with some advocating for an extension of the deadline to allow for a potential sale to an American company, while others emphasize national security concerns regarding TikTok’s Chinese ownership.
The law includes a provision for a 90-day extension if significant progress toward a sale is made, but this remains a contentious issue. The court’s ruling has resulted in increased urgency for a sale, with potential buyers waiting in the wings, but Chinese regulatory restrictions complicate the sale of the app, particularly its proprietary algorithm.
Connor Walcott is the lead writer for Valuetainment.com. Follow Connor on X and look for him on VT’s “The Unusual Suspects.”
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