The Supreme Court ruled unanimously on Friday against TikTok’s First Amendment challenge to a law banning the app in the United States starting Sunday, dealing a critical blow to the platform’s U.S. operations.
“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.”
President Joe Biden signed the law in spring 2024, following bipartisan support in Congress. Lawmakers cited risks stemming from the Chinese government’s ability to access private data through its oversight of Chinese companies, raising concerns about espionage and disinformation.
The decision was delivered on an expedited timeline. The justices heard arguments last Friday, with many appearing convinced that the law targets TikTok’s ownership structure rather than its speech rights. TikTok attorney Noel J. Francisco acknowledged potential security risks but argued for alternative solutions, claiming the government’s actions would force the app to “go dark.”
The government presented two main justifications for the ban: addressing potential disinformation from China and preventing the Chinese government from harvesting sensitive data on Americans. While the court debated the disinformation argument, several justices expressed concerns about the risk of espionage or blackmail via TikTok’s data collection.
The law banning TikTok was a rare example of bipartisan cooperation in Washington. The momentum to ban the app grew after TikTok CEO Shou Chew testified before Congress in March 2023 about the app’s ties to China.
Emerging as a pandemic trend in 2020, TikTok has evolved into a cultural powerhouse. Pew Research data shows that one-third of U.S. adults use the app, a number that rises to 59% for adults under 30. TikTok has fueled the rise of new celebrities and influenced books, music, and films while also shaping discussions on significant topics such as the Israel-Hamas war and the U.S. presidential election.
TikTok’s future in the U.S. remains uncertain, with the decision signaling the government’s prioritization of national security over the app’s widespread popularity and cultural impact.
However, U.S. President Joe Biden, who is set to leave office on Monday, has indicated he will not enforce a ban on TikTok. According to media reports, a Biden administration official said the outgoing president will leave the matter in the hands of President-elect Donald Trump.
This means the enforcement of the law will fall to Trump, who is scheduled to be sworn into office on Monday. Trump, who initially called for the ban, has since reversed his stance, stating he will find a way to save the app.
