The Supreme Court unanimously upheld the federal law banning TikTok, starting on Sunday unless it is sold by its China-based parent company.
The decision was based on concerns about national security risks associated with TikTok’s ties to China, which were deemed to outweigh concerns about limiting speech for the app and its 170 million U.S. users.
The big picture: The law requires TikTok to be sold by its Chinese parent company to mitigate national security risks.
- While a sale does not seem imminent, new users will be unable to download the app, and existing users will no longer have access to updates, rendering the app gradually unworkable over time.
Driving the news: The political landscape surrounding the TikTok ban is intricate, with President-elect Donald Trump expressing willingness to negotiate a solution before the change in administration.
- President Joe Biden’s administration, however, has indicated that it won’t enforce the law starting on Sunday, the last full day of Biden’s term.
- The law allowed for a 90-day pause in restrictions if progress toward a sale was made before its implementation. Nevertheless, the uncertainty remains regarding potential options once President-elect Trump takes office, particularly concerning the fate of TikTok and whether a sale could trigger a respite.
- The law was defended by Solicitor General Elizabeth Prelogar of the Biden administration in the Supreme Court, emphasizing that divestiture is essential to address national security concerns pertaining to TikTok’s data collection practices and its relationship with a foreign adversary.
Zoom in: Justices Sonia Sotomayor and Neil Gorsuch filed separate opinions indicating some reservations about the decision while ultimately aligning with the outcome.
- The court upheld that the law, aimed at mitigating national security risks, does not violate First Amendment rights.
- The sale of TikTok remains uncertain, with the parent company, ByteDance, expressing no intent to sell. However, investors like former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt have shown interest in acquiring TikTok’s U.S. assets. McCourt’s Project Liberty initiative, along with partners like Kevin O’Leary, is said to have presented a proposal for ByteDance, indicating readiness to work with President Trump to finalize a deal.