Supreme Court upholds TikTok ban over national security concerns

The Supreme Court on Friday upheld a law requiring TikTok to divest from its Chinese parent company, ByteDance, or face a ban starting January 19. The court ruled unanimously, asserting that the law is constitutional.

The court said, “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,” and that it takes precedence over the free speech rights of 170 million American users.

That means Americans will not be able to access the app starting tomorrow.

Biden administration’s stance
The Biden administration announced it would not enforce the ban, leaving the decision to President-elect Donald Trump, who takes office on January 20. Trump expressed plans to review the situation before making a decision.

Public backlash and TikTok’s response
TikTok creators and free speech advocates criticized the decision as a blow to First Amendment rights. 

The app warned it might “go dark” unless the Biden administration intervenes.

President-elect Trump, set to take office Monday, has pledged to “save” TikTok. He could issue an executive order (that may or may not hold up in court).

ByteDance, TikTok’s parent, has refused divestment, increasing uncertainty for the app’s future. However, it plans to shut down services in the US, as it doesn’t want its partners, app providers Apple and Google, to face hefty fines.