The US Supreme Court has upheld a law banning TikTok in the United States unless its Chinese parent company, ByteDance, divests ownership of the platform. The unanimous 9-0 decision emphasizes national security concerns, allowing TikTok to either be sold or face a ban by Sunday.
The justices ruled that the law, passed with strong bipartisan support in Congress and signed by President Joe Biden, does not violate the First Amendment’s protection of free speech. While recognizing TikTok’s popularity among 270 million American users, the court highlighted Congress’s concerns about data collection practices and potential misuse by China, a foreign adversary.
The court noted that evidence shows China’s efforts to accumulate structured data on Americans to aid intelligence and counterintelligence operations. Justice Department representatives described TikTok’s potential use for harassment, recruitment, and espionage, stressing that ByteDance could be compelled to act on behalf of the Chinese government.
The White House reiterated its stance that TikTok should remain available to users if placed under American or alternative ownership addressing these concerns. However, any action to implement the law may fall to the incoming administration, as President Biden’s term ends shortly.
President-elect Donald Trump, who previously opposed a TikTok ban, has indicated willingness to work toward keeping the platform operational under American ownership. TikTok CEO Shou Zi Chew is set to attend Trump’s inauguration.
TikTok argued that the ban infringes on free speech rights and could harm its user base, advertisers, and employees. The court maintained that the law targets foreign control of the app, not speech, aligning with national security priorities.
