The US Supreme Court has upheld a law mandating a ban on TikTok starting Sunday unless its Chinese parent company, ByteDance, sells the popular app.
In a unanimous ruling on Friday, the court rejected TikTok’s First Amendment free speech challenge, siding with Congress’s concerns over national security and data privacy.
In an unsigned opinion, the court acknowledged TikTok’s significance for more than 170 million Americans as a platform for expression and community.
However, it stated, “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.”
Despite the ruling, ByteDance has not initiated a sale, and no deal appears imminent.
The fate of TikTok now rests with Donald Trump, who will be sworn in as president a day after the ban takes effect.
TikTok CEO Shou Chew is expected to attend Trump’s inauguration.
The law, signed by President Joe Biden in April, known as the Protecting Americans from Foreign Adversary Controlled Applications Act, does not violate First Amendment rights, the court clarified.
Justice Neil Gorsuch, though expressing some reservations, agreed with the decision, citing the risk of China accessing vast personal data on millions of Americans.
Following the ruling, Trump, who boasts 14.7 million TikTok followers, commented on his Truth Social platform:
“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future.” He hinted at discussions with President Xi Jinping about TikTok, trade, and global safety.
The federal law allows a 90-day pause on the ban if ByteDance begins selling TikTok, but no such action is underway.
Once the ban begins, TikTok will remain on existing users’ devices but will no longer be available for download, and the app is expected to cease functioning over time.
