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The US Supreme Court has upheld a divest-or-ban law targeting TikTok, leaving the video app potentially facing a blackout for its 170mn US users and putting its fate in the hands of President-elect Donald Trump.
The law compels TikTok’s Chinese parent ByteDance to sell the platform by January 19 — the day before Trump returns as US president — or face a nationwide ban.
“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 Supreme Court wrote in a unanimous opinion published on Friday.
“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,” it added.
The decision by the country’s top court on Friday means the video app could “go dark” in one of its biggest markets. But the Biden administration said following the ruling that the outgoing president would not enforce the ban during his remaining days in office.
“Given the sheer fact of timing, this administration recognises that actions to implement the law simply must fall to the next administration, which takes office on Monday,” the White House said.
“TikTok should remain available to Americans,” it added, “but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
The ruling was handed down by the court shortly after Trump said on Friday that he had discussed TikTok on a call with China’s President Xi Jinping. It was the first call between the leaders in four years.
Unless a buyer is found for TikTok within days, the law requires the video app to be removed from the Apple and Google app stores. The company has said that any spin-off would be technologically unfeasible, while Beijing has previously indicated that it would oppose any sale.
TikTok did not immediately respond to a request for comment.
The Supreme Court’s ruling upholds one of the boldest legislative moves of Biden’s term just days before the Democratic president leaves the White House.
Trump has said he plans to “save” the app when he returns to office and previously called on the Supreme Court to delay the legislative deadline so he could find a “political resolution” to the matter.
On Thursday, Trump’s national security adviser Mike Waltz said that the incoming administration would “put measures in place to keep TikTok from going dark”.
He added that the legislation “allows for an extension as long as a viable deal is on the table. Essentially that buys president Trump time to keep TikTok going.”
Chinese officials have held preliminary discussions about whether billionaire Elon Musk — now a close ally of Trump — could broker a deal for the platform’s sale, the Financial Times reported this week.
TikTok chief executive Shou Zi Chew has mounted a charm offensive to cement Trump’s backing, including plans to attend a “victory rally” for the president-elect in Washington on Sunday and his inauguration on Monday, according to two people familiar with the matter.
The TikTok legislation, passed with strong bipartisan support last year, was spurred by concerns that the popular video platform could be wielded by Beijing for espionage or to spread propaganda.
TikTok asked the Supreme Court to hear its case after a US appeals court rejected its challenge to the law, as well as its subsequent request to halt the measure pending further court proceedings.
The social media app sought to throw out the law by arguing it was unconstitutional and that it violated First Amendment protections for free speech.
Additional reporting by Aime Williams
