U.S. Supreme Court upholds ban on TikTok that goes into effect Sunday

The U.S. Supreme Court has made a decision against TikTok, ruling that the popular short-video app must be sold by its Chinese parent company ByteDance or face being banned in the United States. The justices determined that the law requiring the app’s divestiture did not violate the First Amendment protection of free speech in the U.S., overturning a lower court’s decision.

ByteDance has until January 19, 2025, to find an American owner for TikTok, or else it will be forced to cease operations in the U.S. This deadline was set by bipartisan legislation signed by former President Joe Biden. The Supreme Court, in its ruling, acknowledged TikTok’s significance as a platform for expression, engagement, and community for over 170 million Americans who have downloaded the app.

The Biden administration has supported the law, arguing that it aims to address national security concerns related to TikTok’s data collection practices and its connection to a foreign adversary. Despite the impending ban, the White House expressed a desire for TikTok to remain available to Americans under American ownership, emphasizing the importance of addressing national security issues.

Former President Donald Trump, who previously raised national security concerns about TikTok, has since indicated that he does not want to see the app shut down. Trump’s incoming national security advisor suggested that Trump could issue an executive order to prevent a ban, potentially invoking emergency powers to keep users from migrating to other Chinese-owned apps like RedNote.

Various parties, including billionaire businessman Frank McCourt’s Project Liberty initiative and former treasury secretary Steve Mnuchin, have expressed interest in acquiring TikTok’s U.S. assets. These potential buyers are prepared to work with ByteDance and the government to finalize a deal that would comply with the law and address national security concerns.

During arguments before the Supreme Court, the Justice Department highlighted the threat posed by Chinese government control of TikTok, citing risks related to data collection, covert influence operations, and the potential weaponization of the app. The ban on TikTok’s Canadian operations last year underscores global concerns about the app’s ties to China and its implications for national security.

The decision to ban TikTok in the U.S. reflects broader geopolitical tensions between China and the United States, with other countries like India also taking measures to restrict Chinese-owned apps over national security concerns. Content creators impacted by such bans have had to adapt to new platforms and rebuild their audiences, highlighting the challenges faced by smaller creators in transitioning to alternative apps.

Overall, the Supreme Court’s ruling against TikTok underscores the importance of addressing national security risks associated with foreign-owned apps and the need to ensure the protection of user data and privacy. As the deadline for TikTok’s divestiture approaches, stakeholders are working to find a solution that balances national security interests with the app’s popularity among millions of American users.