US Supreme Court Upholds Ban on TikTok

The US Supreme Court has upheld a law banning TikTok, citing national security concerns. The decision intensifies debates over privacy and free speech.

On Friday, the US Supreme Court upheld legislation that will prohibit TikTok in the United States, potentially blocking access to the video-sharing app for 170 million users within two days.

In a significant setback for TikTok, the court determined that the law does not infringe upon free speech rights and that the US government had validly demonstrated legitimate national security concerns regarding a Chinese company’s ownership of the app.

Last week, ByteDance presented its case to the Supreme Court, arguing that the law should be halted as it infringes upon free speech rights.

The justices stated that TikTok undoubtedly provides over 170 million Americans with a unique and broad platform for expression, engagement, and community.

“However, Congress has concluded that divestiture is essential to tackle its well-founded national security concerns about TikTok’s data collection methods and ties with a foreign adversary,” they stated.

With that decision, Sunday’s ban remains in effect despite lawmakers and officials from various political backgrounds advocating for a delay.

Last year, Congress decisively enacted legislation requiring ByteDance to either sell the platform or shut it down in the United States by January 19.

The legislation was a response to the prevalent belief in Washington that the widely popular app might be employed by China for espionage or propaganda purposes.

On Friday, White House officials informed US media that they would not implement the ban and would leave the decision to President-elect Donald Trump, who assumes office a day later.

Trump mentioned that he talked about TikTok during a phone call with Chinese President Xi Jinping on Friday.

In this photo taken by Patrick T. Fallon for AFP, the TikTok logo is shown outside the company’s offices in Culver City, California on March 16, 2023.

In an interview with Fox News on Thursday, Mike Waltz, who is set to become Trump’s national security advisor, stated that the administration would implement measures “to prevent TikTok from going dark.”

“The legislation permits an extension if a feasible deal is available,” he stated. “This effectively gives President Trump additional time to keep TikTok operational.”

“It’s been an excellent platform for him and his campaign to spread his America-first message,” he added. “However, he also aims to safeguard users’ data.”

On Thursday, Senate Democratic Leader Chuck Schumer also urged for a postponement of the impending TikTok ban.

Schumer stated, “It’s evident that additional time is required to secure an American buyer without disturbing the lives and livelihoods of millions of Americans, including numerous influencers who have developed a substantial follower network.”

To implement the ban, the US government would instruct Apple and Google to remove TikTok from their app stores, blocking new downloads beginning the day before Trump assumes office.

TikTok attorney Noel Francisco indicated that the platform would “go dark” on Sunday if the justices do not intervene to block the ban. Additionally, a media report mentioned that the company was preparing for a complete suspension of services in the United States.

During the campaign leading up to November’s election, Trump promised to save TikTok and his team has been considering strategies to delay the ban or preserve the app.

Once Trump assumes office, the responsibility for implementing the law will lie with his attorney general. They may opt not to enforce it or delay its execution, challenging Congress’s backing of the legislation.

TikTok has been actively lobbying to prevent the law’s implementation, and CEO Shou Chew is set to attend Trump’s inauguration on Monday.

TikTok did not provide a comment in response to the request.