According to The Associated Press, the Supreme Court unanimously upheld a federal law that prohibits TikTok in the United States starting Sunday (Jan. 19), unless its China-based parent company, ByteDance, gives up ownership. In an unsigned opinion shared on Friday (Jan. 17), the justices felt that issues regarding the app’s national security concerns outweighed speech restriction claims for its 170 million users in the country.
“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 explained, adding that the measure does not violate First Amendment protections.
Justice Neil Gorsuch acknowledged the gravity of the situation in a separate filing but supported the ruling. “Without doubt, the remedy Congress and the president chose here is dramatic,” he wrote, noting his agreement with arguments that China could potentially access “vast troves of personal information about tens of millions of Americans.” Justice Sonia Sotomayor also expressed hesitations but ultimately concurred in a brief separate opinion of her own.
The legislation, which was signed into law by outgoing President Joe Biden in April 2024, includes provisions for a 90-day enforcement delay if substantial progress toward a sale is made. If a sale does not occur, the law will take effect and stores operated by the likes of Apple and Google will be required to remove TikTok, while internet providers will no longer be allowed to support the social media platform.
The Biden administration already indicated it will not enforce the ban, which also happens to go live on the president's final day in office. Meanwhile, Donald Trump signaled his intention to broker a solution. In a Truth Social post, he revealed that TikTok was among the topics discussed during his recent conversation with Chinese leader Xi Jinping.
As REVOLT previously reported, TikTok consistently refuted allegations that it poses a threat to U.S. security and maintained that there is no evidence of user data misuse or content manipulation. Additionally, legal representatives for the app expressed challenges with changing ownership. The company's Supreme Court appeal came after losing a challenge considered by a three-judge panel in December 2024.