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The Supreme Court has upheld the TikTok ban, ruling unanimously in favor of legislation forcing ByteDance, the China-based owner of TikTok, to sell to an American buyer by January 19. The law was passed in 2024 by Congress due to national security concerns over ByteDance’s connections to China, and signed by President Joe Biden.
TikTok argued that the legislation was a violation of its users’ First Amendment rights. The Court disagreed, writing in its decision: “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.”
However, on Thursday President Biden indicated that he would not enforce the law before leaving office, leaving the decision to the office of President-elect Trump, who takes office on January 20. Trump, who credits TikTok with helping him to secure victory in the 2024 election, is said to be looking for ways around the new law, including a possible executive order that could stay the decision for 90 days, though new legislation or a sale would likely be required to keep TikTok around for longer.
Either way, the ruling throws the future of TikTok into question, both in the short and long terms. ByteDance has refused to divest from TikTok, and earlier this week, reports emerged that the company was planning to shut down TikTok on January 19 if the Supreme Court ruled against them. Users that open the app on that day will see “a pop-up message linking to a site with information about the ban,” according to Variety.
Read our essay on what TikTok’s ban could signal for the future of the music industry.
