The U.S. Supreme Court unanimously upheld a federal law requiring Chinese-owned TikTok to be sold to an American buyer or face a nationwide ban. The ruling comes just days before the law is set to take effect this Sunday.
The law, passed with bipartisan support in April 2024, mandates that TikTok's parent company ByteDance must sell the U.S. version of the popular video-sharing platform to avoid removal from app stores and web hosting services. House lawmakers have directed Apple and Google to prepare for TikTok's potential removal from their app stores by January 19, 2024, unless the social media platform separates from its Chinese parent company ByteDance. ByteDance has so far refused to sell and indicated it may shut down U.S. operations if forced to comply.
In its unsigned opinion, the Court acknowledged TikTok's role as "a distinctive and expansive outlet for expression" for over 170 million Americans. However, the justices determined that Congress's national security concerns about TikTok's data collection practices and ties to China justified the divestiture requirement.
TikTok had challenged the law on First Amendment grounds, arguing it would violate free speech protections. The Court rejected this argument, stating the law "neither references the content of speech on TikTok nor reflects disagreement with the message such speech conveys."
The ruling's impact on TikTok's U.S. presence remains uncertain. While existing users can keep the app, they would no longer receive updates. Content creators who built businesses on the platform expressed dismay, with many posting farewell messages to followers.
President-elect Donald Trump, who takes office Monday, will be responsible for enforcing the law. Trump has indicated he wants time to review the situation, stating on social media that his "decision on TikTok will be made in the not too distant future."
TikTok CEO Shou Zi Chew committed to working with the incoming administration to find a solution, expressing gratitude for Trump's "commitment to work with us to keep TikTok available in the United States."
The White House confirmed that implementation of the law would fall to Trump's administration given the timing of the transition. National security officials maintain that the ban addresses concerns about Chinese access to American user data, though TikTok continues to deny sharing information with Beijing.