The U.S. Supreme Court has upheld a law that could see TikTok banned in the United States, potentially cutting off the app to 170 million American users in just two days.
In a significant ruling, the court decided that the law does not violate free speech rights, agreeing with the U.S. government’s national security concerns about TikTok’s ownership by Chinese company ByteDance. The court’s decision follows a legal battle that had TikTok arguing that the law infringes on free speech rights.
While acknowledging the app’s vast user base and its importance as a platform for expression, the justices noted that Congress had determined divesting from TikTok was necessary to address concerns about the app’s data practices and its potential relationship with the Chinese government.
The ruling paves the way for the law passed by Congress last year, which forces ByteDance to either sell the platform or close it down in the U.S. by January 19. The law was enacted to protect U.S. national security, amid fears that TikTok could be used for spying or spreading propaganda on behalf of China.
Although the law stands, White House officials said they would not immediately enforce the ban, leaving it up to President-elect Donald Trump, who takes office on January 20. In the days leading up to the transition, Trump discussed the issue of TikTok in a call with Chinese President Xi Jinping. Incoming national security advisor Mike Waltz indicated that the administration would put measures in place to prevent the app from “going dark” in the U.S.
Senate Democratic Leader Chuck Schumer also called for a delay in the TikTok ban, citing the need for more time to find an American buyer and avoid disrupting the livelihoods of millions of influencers who depend on the app.
If the ban is enforced, the U.S. government would direct Apple and Google to remove TikTok from their app stores, preventing new downloads starting the day before Trump’s inauguration.
TikTok lawyer Noel Francisco warned that the app would “go dark” if the Supreme Court failed to intervene, and the company is exploring options to prevent the law from being implemented. TikTok CEO Shou Chew is scheduled to attend Trump’s inauguration on Monday.
The future of TikTok in the U.S. remains uncertain, with the app continuing to lobby against the ban.
