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US Supreme Court Uphold TikTok Ban in Unanimous Decision
The Supreme Court unanimously upheld a federal law requiring TikTok’s Chinese owners to either sell the app or shut it down by January 19, citing national security concerns. The decision overruled the platform’s claim that the restriction violates First Amendment rights.
This ruling means TikTok could temporarily go offline on Sunday, leaving millions of users without access to their favourite short videos. While the Biden administration has indicated it will not enforce the ban before leaving office, the uncertainty has not eased TikTok’s concerns.
Preparing for a potential shutdown, TikTok plans to comply with the law to avoid legal risks for companies connected to its distribution. The platform has also explored other options and sought dialogue with President-elect Donald Trump.
Following the court’s decision, last-minute efforts to address the situation began. The White House stated it would take no action as the law goes into effect due to the impending transition of power. Press Secretary Karine Jean-Pierre emphasized that enforcement would fall to the incoming administration.
The Justice Department welcomed the court’s ruling but provided no immediate plans. Deputy Attorney General Lisa Monaco said implementing and ensuring compliance would be gradual.
TikTok CEO Looks to Trump
Trump addressed the situation on social media, saying he needed time to review the matter before deciding. He asked followers to stay tuned for updates. On the same day, he spoke with Chinese leader Xi Jinping about various issues, including TikTok.
In a video posted Friday, TikTok CEO Shou Chew expressed gratitude to Trump for his willingness to find a solution to keep the app in the U.S. He affirmed TikTok’s commitment to remaining operational and promised further updates soon.
In a 20-page opinion, the court acknowledged TikTok’s popularity among over 170 million Americans as a unique platform for expression and community. However, it sided with Congress, which argued that requiring TikTok’s divestiture was necessary to address well-substantiated concerns about its data practices and ties to China.
Lawmakers have raised fears that the Chinese government could misuse Americans’ data or influence public opinion against the U.S. The court determined these concerns justified the law, even if it restricted certain forms of expression.
The court focused narrowly on the TikTok case rather than setting a broad precedent for free speech online. Drawing from past judgments, the court cautioned against hindering future technological developments.
The bipartisan legislation signed by President Biden last April labelled the app a security threat. Justice Department lawyers argued that TikTok poses two risks: collecting vast amounts of personal data accessible to Chinese intelligence and allowing Beijing to manipulate information Americans consume.
While the court did not address the government’s claims about content manipulation, it agreed that the potential for data misuse justified the law. In a separate opinion, Justice Neil Gorsuch supported the ruling based solely on the dangers of data collection.
He noted the distinction between free speech protections and allowing a foreign adversary to monitor Americans.
A group of TikTok users who joined the platform in opposing the ban called on the Justice Department to delay enforcement. They urged government leaders to find a solution that allows TikTok to continue operating in the U.S.
Content creator Alyssa McKay, known for her lifestyle videos with over 10 million followers, expressed disappointment about the ban. She said losing the community she built on TikTok would be upsetting but has been preparing by diversifying her presence on other platforms.
TikTok is often associated with entertainment, celebrities, and trends, but it has also become a growing news source, especially for younger users. Research from Pew shows that 45% of Americans aged 18-29 regularly get news from TikTok, compared to only 4% of those 65 and older.