The Supreme Court unanimously upheld a federal law on Friday that bans TikTok starting Sunday unless it is sold by its China-based parent company, ByteDance. The court ruled that national security risks tied to the app’s Chinese ownership outweigh free speech concerns for TikTok’s 170 million U.S. users.
“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 court stated in its unsigned opinion.
The ban, set to take effect on Jan. 19, will prevent new users from downloading the app and halt updates, eventually rendering it unusable, according to the Justice Department. Existing users will still have access for now, but functionality will degrade over time.
Biden and Trump’s views
Despite bipartisan support for the law, President-elect Donald Trump and President Joe Biden’s administration have offered contrasting views. While Trump expressed hope for negotiating a resolution, Biden’s administration has signaled it would not enforce the ban when it takes effect on Sunday, his last full day in office.
Dispute and Proposed Solutions
The dispute stems from fears that TikTok could expose vast amounts of user data to the Chinese government and allow content manipulation via its proprietary algorithm. TikTok has consistently denied these allegations, and its legal team argued that selling the company is complicated by Chinese laws restricting the sale of its algorithm.
Justice Sonia Sotomayor and Justice Neil Gorsuch filed separate opinions expressing some reservations but agreed with the decision.
ByteDance has stated it will not sell TikTok, though some U.S. investors, including billionaire Frank McCourt and “Shark Tank” star Kevin O’Leary, have reportedly proposed deals to acquire the app’s U.S. operations.
Effect for users
The law also prohibits app stores like those operated by Apple and Google from offering TikTok and bars internet hosting services from supporting the app. However, questions remain about how enforcement will proceed and whether a potential sale could offer TikTok a reprieve.
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