The US Supreme Court has upheld a law banning TikTok in the United States, paving the way for the platform to be shut down 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 verdict was unanimous.
The court’s verdict
“There is no doubt that TikTok provides a distinctive and far-reaching outlet for expression, engagement, and a source of community for more than 170 million Americans,” the court wrote. “But Congress has determined that divestiture is necessary to address its well-founded national security concerns about TikTok’s data collection practices and its relationships with a foreign adversary.”
The Supreme Court heard oral arguments in the case on January 10. The justices indicated throughout the proceedings that they would likely uphold the law, which was previously upheld by the Washington County Court of Appeals.
TikTok: The fate of the app in the USA is all but sealed
The government argued today that the law – which gives TikTok parent company ByteDance 270 days from passage to sell the app or impose a ban – simply “seeks to limit the ability of foreign adversarial nations to access our data.” and to exercise control over the platform, to be surgically removed.”
The Supreme Court’s decision all but seals the fate of the app, which has 170 million users in the United States. That the law takes effect a day before Donald Trump’s inauguration is notable given that the president-elect has warmed to the app and suggested he might take steps to protect it. Trump has even turned to the Supreme Court to seek a stay of the ban – although it is unclear what exactly he would have done to keep the ban in place.
Donald Trump’s reaction
Trump still appears to want to find a way to save the app and has invited TikTok CEO Shou Zi Chew to sit at the podium at his inauguration on Monday. It’s unclear what Trump might do once the ban goes into effect, but President Joe Biden, who signed the ban, appears to want to give him a chance to act. The outgoing administration has said it will not enforce the ban on Sunday, leaving the platform and its 170 million users in limbo when Trump takes office next week.
“The Supreme Court’s decision was expected and everyone must respect it,” Trump wrote on Truth Social today in response to the ruling. “My decision about TikTok will be made in the not too distant future, but I need time to review the situation. Stay tuned!”