The Supreme Court ruled Friday that a sweeping ban on TikTok may take effect this weekend, dismissing an appeal by the app’s owners arguing the law violates the First Amendment. The decision enables the ban to begin on Sunday, one day before Donald Trump’s historic inauguration as president.
TikTok CEO Shou Chew is expected to attend Trump’s inauguration on Monday, seated among other tech leaders on the dais.
In its unsigned opinion, the court acknowledged TikTok’s significance to its 170 million American users but cited Congress’s national security concerns as decisive. The opinion noted TikTok’s “sheer size” and its “susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects.”
The law authorizing the ban directs third-party internet service providers, including Apple and Google, to cease supporting TikTok after the Jan. 19 deadline. This would involve removing TikTok from app stores, preventing downloads and updates that keep the app functional.
White House press secretary Karine Jean-Pierre defended the legislation, stating that while the Biden administration supports Americans’ access to TikTok, the app must operate under ownership that alleviates national security concerns. Jean-Pierre acknowledged that implementing the ban would fall to the incoming Trump administration.
Critics, including Kate Ruane of the Center for Democracy and Technology, have condemned the decision, warning it would harm free expression. “Individuals use the app to create, share information, and promote their businesses – that’s precisely the kind of expression the First Amendment is intended to protect,” Ruane said in a statement.
The Supreme Court heard oral arguments last Friday from TikTok’s lawyers, content creators, and the U.S. government. TikTok’s legal team, led by Noel Francisco, argued the law violated users’ First Amendment rights. Solicitor General Elizabeth Prelogar countered, stating the app’s parent company, ByteDance, poses a national security threat due to its alleged ties to the Chinese government.
While legal experts noted the court appeared more favorable to the U.S. government’s position, lingering questions remain about enforcement mechanisms. Analysts have speculated that a potential divestiture of TikTok’s U.S. operations could cost between $40 billion and $50 billion.
In the meantime, TikTok creators have begun directing followers to alternative platforms such as YouTube, Facebook, and Instagram. Reports indicate Chinese app RedNote has already risen to the top of Apple’s app store as users seek replacements.
Additionally, Bloomberg News reported that the Chinese government has considered contingency plans, including a proposal for Elon Musk to acquire TikTok’s U.S. operations. These discussions are reportedly part of broader efforts to avoid an outright ban in the United States.
As the deadline nears, the implications for TikTok’s vast user base and the global tech industry remain uncertain.
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