WASHINGTON (AP) — The Supreme Court unanimously upheld the federal law prohibiting TikTok from operating unless it is sold by its China-based parent company. The court ruled that the national security risks associated with its ties to China outweigh concerns about restricting speech for the app’s 170 million users in the United States.
Despite no imminent sale, existing users won’t lose access to the app once the law takes effect on Jan. 19, but new users won’t be able to download it or receive updates. The Justice Department has stated that this will eventually make the app unusable.
The decision was made amidst political tension, with President-elect Donald Trump and his administration on one side, and Senate Republicans criticizing TikTok’s Chinese owner for not selling the app. Trump, acknowledging TikTok’s popularity and his own following on the app, discussed the matter with Chinese leader Xi Jinping.
It remains uncertain what actions Trump may take after his inauguration on Monday. The law permits a 90-day pause in the restrictions if progress towards a sale is made before the law’s enforcement. The court, in an unsigned opinion, upheld the law as necessary for national security and not a violation of First Amendment rights.
While Justices Sotomayor and Gorsuch expressed some reservations, they ultimately supported the court’s decision. Digital rights groups and content creators expressed concerns over the impact of the ban on free expression and business operations.
Kate Ruane from the Center for Democracy & Technology criticized the decision, stating it hampers the free expression of TikTok users. Business owners, like Desiree Hill from Georgia, worried about losing customers and potential closure if TikTok shuts down.
During arguments, lawyers for TikTok and ByteDance Ltd. argued against the ban, highlighting the potential consequences for the app’s users and parent company.
It may prove challenging to finalize a deal involving the sale of a proprietary algorithm crucial to the success of a popular social media platform due to Chinese law restrictions. The platform in question allows users to view numerous short videos quickly, with claims suggesting that it is designed to be addictive and detrimental to children’s mental health. Lawsuits filed in various states have alleged these harms, while the platform, TikTok, has refuted the allegations as inaccurate.
The controversy surrounding TikTok’s Chinese connections reflects broader tensions between the United States and China. Some U.S. lawmakers have raised concerns over TikTok’s data collection practices, fearing that sensitive user information could be accessed by the Chinese government. Additionally, there are worries about the potential manipulation of the platform’s algorithm by Chinese authorities to influence content in subtle ways.
Despite TikTok’s assertions that there is no evidence of Chinese interference on its U.S. platform, bipartisan legislation was passed, signed into law by President Biden, to address national security concerns related to the app. TikTok, which had previously sued the government over the law, faced a setback when a panel of judges upheld the legislation, leading to an appeal to the Supreme Court.
The law, if enforced without a sale to an approved buyer, would prevent major app stores and internet hosting services from offering TikTok. While ByteDance, the parent company of TikTok, has stated its reluctance to sell, there have been reports of potential buyers expressing interest, including a consortium led by Steven Mnuchin and Frank McCourt. The consortium has presented a proposal to acquire TikTok’s U.S. assets, with former President Trump also reportedly involved in the negotiations.
The impending implementation of the law has raised speculation about ByteDance reconsidering its stance on a potential sale. As different parties involved navigate this complex legal and geopolitical landscape, the future of TikTok in the U.S. remains uncertain.
Contributions to this report were made by Associated Press writers Haleluya Hadero, Mae Anderson, and Lindsay Whitehurst. Hadero reported from South Bend, Indiana, and Anderson from New York.
For more updates on the U.S. Supreme Court, visit https://apnews.com/hub/us-supreme-court.
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