The US Supreme Court has upheld a law requiring TikTok to either divest from its Chinese parent company ByteDance or face a ban in the United States. The decision eliminates the final legal obstacle to the federal government forcing a shutdown of the platform on January 19.
The SCOTUS issued a rapid decision [PDF] on the matter today, only a week after hearing oral arguments from representatives from TikTok, petitioners supporting the platform, and the federal government. The 27-page unanimous verdict doesn’t mince words, concluding that the Protecting Americans from Foreign Adversary Controlled Applications Act (PFACAA) doesn’t infringe upon the First Amendment rights of TikTok users.
As written, the act is about protecting Americans from Chinese data collection and has nothing to do with constraining free speech, SCOTUS said.
“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 court wrote in its decision. “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.”
“For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights,” the justices concluded.
The decision, however, did not sit well with some free speech advocates. “We are disappointed that the Court would uphold such a sweeping restriction on Americans’ right to free speech – especially based on speculative ‘national security’ arguments that the government backed with minimal evidence,” Liberty Justice Center president Jacob Huebert said in a statement.
It’s not over yet
While the Supreme Court’s decision clears the way for the January 19 ban to go into effect, and TikTok has reportedly said it plans to comply with the ruling by shutting down its services in the US, it’s still not entirely clear what will happen on Sunday.
Biden administration officials, speaking to the press on condition of anonymity, have said the outgoing President doesn’t intend to enforce the ban, leaving the matter for President-elect Trump to deal with upon taking office the day after the ban is set to take effect.
Trump initially sought to ban TikTok in 2020, but now opposes it. He is said to be working on an executive order to allow the platform to continue to operate in the US while seeking an American buyer.
“President Trump has recognized the dangerous precedent this ban sets, and we hope he will follow through with his stated intention to reach a deal to save the platform,” Huebert said.
As has been the case the entire time, a sale of TikTok to an American entity would require the approval of the Chinese government, and it’s still unknown whether Beijing would acquiesce to such a move.
It’s also not clear how TikTok plans to respond on Sunday when the ban goes into effect and with Biden allegedly planning to kick the can to his successor. We contacted the platform to learn more about its next steps, but didn’t immediately hear back. ®