By Andrew Chung and John Kruzel
WASHINGTON (Reuters) – The U.S. Supreme Court upheld on Friday a law banning TikTok in the United States on national security grounds if its Chinese parent company ByteDance does not sell the short-video app by Sunday, as the justices in a 9-0 decision declined to rescue a platform used by about half of all Americans.
The justices ruled that the law, passed by an overwhelming bipartisan majority in Congress last year and signed by Democratic President Joe Biden, did not violate the U.S. Constitution’s First Amendment protection against government abridgment of free speech. The justices affirmed a lower court’s decision that had upheld the measure after it was challenged by TikTok, ByteDance and some of the app’s users.
“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. 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,” the court said in the unsigned opinion.
A statement issued by the White House suggested that Biden, in the waning days of his presidency, would not take any action to save TikTok before the law’s Sunday deadline for divestiture. Republican Donald Trump, who opposed a TikTok ban, succeeds Biden on Monday.
“The Supreme Court decision was expected, and everyone must respect it,” Trump said in a social media post. “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”
Trump also said he and Chinese President Xi Jinping discussed issues including TikTok in a phone call on Friday.
The court’s unanimity underscored the acceptance by the justices of the national security risks cited by Biden’s administration concerning China’s potential to exert control over the app, which blunted apprehensions over free speech infringements.
“TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the government’s national security concerns,” the court said in the opinion.
White House Press Secretary Karine Jean-Pierre in a statement reiterated Biden’s position that “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
Given the timing, Jean-Pierre added, action to implement the law “must fall to the next administration.”
TikTok plans to shut U.S. operations of the app on Sunday barring a last-minute reprieve, people familiar with the matter told Reuters on Wednesday. TikTok CEO Shou Zi Chew will attend Trump’s inauguration on Monday, seated among other high-profile invitees. TikTok did not immediately respond to a request for comment.
Without a decision by Biden to formally invoke a 90-day delay in the deadline as allowed by the law, companies providing services to TikTok or hosting the app could face legal liability. It is not immediately clear if TikTok’s business partners including Apple (NASDAQ:), Alphabet (NASDAQ:)’s Google and Oracle (NYSE:) will continue doing business with it before Trump is inaugurated. The uncertainty leaves open the possibility of a shutdown by TikTok on Sunday.
The law bars providing certain services to TikTok and other foreign adversary-controlled apps including by offering it through app stores such as Apple and Google.
QUICK ACTION
The Supreme Court acted speedily in the case, having held arguments on Jan. 10, just nine days before the divestiture deadline under the law.
TikTok is one of the most prominent social media platforms in the United States, used by about 170 million Americans, including many young people. TikTok’s powerful algorithm, its main asset, feeds individual users short videos tailored to their liking. The platform presents a vast collection of user-submitted videos, often under a minute in duration, that can be viewed with a smart phone app or on the internet.
China and the United States are economic and geopolitical rivals, and TikTok’s Chinese ownership for years has raised concerns among American leaders. The TikTok fight has unfolded at a time of rising trade tensions between the world’s two biggest economies.
The Biden administration has emphasized that TikTok could continue operating as-is if it is freed from China’s control.
Attorney General Merrick Garland said in a statement the ruling affirmed that the law “protects the national security of the United States in a manner that is consistent with the Constitution.”
“The court’s decision enables the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security,” Garland said. “Authoritarian regimes should not have unfettered access to millions of Americans’ sensitive data.”
Deputy U.S. Attorney General Lisa Monaco added, “The next phase of this effort – implementing and ensuring compliance with the law after it goes into effect on January 19 – will be a process that plays out over time.” Monaco noted that the Justice Department “has long warned about the national security harms from (China’s) control of TikTok.”
The law was passed last April. TikTok and ByteDance, as well as some users who post content on the app, challenged the measure and appealed to the Supreme Court after losing on Dec. 6 at the U.S. Court of Appeals for the District of Columbia Circuit.
Trump’s opposition to the ban represents a reversal in stance from his first term in office when he aimed to prohibit TikTok. Trump has said he has “a warm spot in my heart for TikTok,” opining that the app helped him with young voters in the 2024 election. While Trump has vowed to “save” TikTok, many of his Republican allies supported the ban.
FREE SPEECH RIGHTS
TikTok has said the law endangers the First Amendment rights not only of it and its users, but also of all Americans. TikTok has said that the ban would hit its user base, advertisers, content creators and employee talent. TikTok has 7,000 U.S. employees.
Noel Francisco, the lawyer for TikTok and ByteDance, told the Supreme Court during arguments that the app is “one of America’s most popular speech platforms,” and said that the law would require it to “go dark” unless ByteDance executes a qualified divestiture.
Francisco said the U.S. government’s real target with this law is speech – specifically a fear that Americans could be “persuaded by Chinese misinformation.” But the First Amendment leaves that up to people of the United States, not the government, Francisco said.
