Getty ImagesThe US Supreme Court has upheld a law that bans TikTok in America unless its China-based parent company ByteDance sells the platform by this Sunday.
TikTok had challenged the law, arguing it would violate free speech protections for the more than 170 million users it says it has in the US.
But that argument was rejected unanimously by the nation’s highest court, meaning TikTok must now find an approved buyer for the US version of the app or face removal from app stores and web hosting services.
The White House said it would fall to incoming President Donald Trump’s administration, which takes office on Monday, to enforce the law. Trump vowed to make a decision in the “not too distant future”.
TikTok CEO Shou Zi Chew said he wanted to thank Trump for his commitment to work with the app and keep it available in the US.
Both Democrat and Republican lawmakers voted to ban the video-sharing app last year, over concerns about its links to the Chinese government. TikTok has repeatedly stated it does not share information with Beijing.
The law gives TikTok’s owner, ByteDance, until 19 January to sell the US version of the platform to a neutral party to avert an outright ban.
It would mean that from Sunday, Apple and Google will no longer offer the app to new users or provide any security updates to current users – which could kill it off eventually.
ByteDance has vowed not to sell TikTok and plans to shut US operations of the app on Sunday unless there is a reprieve.
The Supreme Court ruled without dissenting opinions that the law did not violate the US Constitution’s First Amendment protection against government abridgment of free speech.
The justices affirmed a lower court’s decision that upheld the measure after it was challenged by ByteDance.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the Supreme Court said.
“But 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.”
‘Stay tuned!’
Following the Supreme Court ruling, White House press secretary Karine Jean-Pierre said in a statement that President Joe Biden’s position on TikTok had been clear for months: “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
But due to the “sheer fact of timing”, she added, the president recognised “actions to implement the law simply must fall to the next administration, which takes office on Monday”.
On Friday, Trump posted on his social media platform Truth Social: “The Supreme Court decision was expected, and everyone must respect it.
“My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”
He also revealed he had spoken to China’s President Xi Jinping and discussed TikTok among other issues.
In December Trump said he had a “warm spot” for the app as it helped him with young voters in the 2024 election. TikTok CEO will also attend Trump’s inauguration seated among other high profile guests.
Trump’s comments mark a U-turn on his stance in his first term as president when he aimed to enact a similar ban through an executive order.
‘Strong stand’ for free speech
The ban comes at a time of heightened concern in the US about Chinese espionage.
Cybersecurity firms have suggested that the app is capable of collecting users’ data beyond what they look at on TikTok.
Attorney General Merrick Garland said authoritarian regimes should not have “unfettered access” to American’s data and that the decision prevented China from “weaponising TikTok to undermine America’s national security”.
China enacted a law in 2017 that compels Chinese nationals living abroad to cooperate with its intelligence apparatus.
But Beijing has denied it pressures companies to collect information on its behalf and criticised the ban. TikTok has repeatedly stressed it has not been asked for its data.
The app argued the law endangers First Amendment rights and would hit its users, advertisers, content creators and employees. TikTok has 7,000 US employees.
Noel Francisco, lawyer for TikTok and ByteDance, told the Supreme Court during arguments that the app was “one of America’s most popular speech platforms”, and said that the law would require it to “go dark” unless ByteDance sold the app.
Posting on TikTok after the ruling, CEO Chew said: “This is a strong stand for the First Amendment and against arbitrary censorship…
“We are grateful and pleased to have the support of a president [Trump] who truly understands our platform.”
This article was originally published at www.bbc.com
