Supreme Court Upholds TikTok Ban — Unanimously
The Supreme Court has upheld a law banning TikTok in the United States, paving the way for the platform to go dark on Sunday.
The justices ruled today that the Foreign Adversary Controlled Applications Act is constitutional, rejecting TikTok’s argument that it violates the First Amendment. The ruling was unanimous.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlets for expression, means of engagement, and source of community,” the court wrote. “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 Supreme Court heard oral arguments in the case Jan. 10. The justices indicated throughout the proceedings that they were likely to uphold the law, which had previously been upheld by the D.C. Circuit Court of Appeals.
The government argument today that the law — which granted TikTok’s parent company ByteDance 270 days from its passage to sell the app or face a ban — was simply “trying to surgically remove the ability of foreign adversary nation to get our data and to be able to exercise control over the platform.”
The Supreme Court’s decision all but seals the fate of the application, which boasts 170 million users in the United States. The law taking effect a day before Donald Trump’s inauguration is notable, as the president-elect has warmed to the app and teased that he could take measures to protect it. Trump even appealed to the Supreme Court seeking a stay on the ban to give him an opportunity to do so — although it’s unclear what exactly he would have done to keep it alive.
Trump still seems to want to find a way to save the app, and has invited TikTok CEO Shou Zi Chew to sit on the dais at his inauguration on Monday. It’s unclear what Trump could do after the ban takes effect, but President Joe Biden, who signed the ban, seems to want to give him a chance to act. The outgoing administration has said that they are not going to enforce the ban on Sunday, leaving the platform and its 170 million users in limbo as Trump takes office next week.
“The Supreme Court decision was expected, and everyone must respect it,” Trump wrote today on Truth Social in response to the ruling. “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”