US Supreme Court upholds divest-or-ban law against TikTok
The U.S. Supreme Court has upheld a devestor-or-ban law against TikTok, leaving the video app with a warning of an impending blackout for its 170 million U.S. users and putting its fate in the hands of President-elect Donald Trump.
The law compels TikTokis Chinese parent Byte Dance to sell the platform by January 19th – one day before Trump returns as US President – or face a nationwide ban.
“There is no doubt that TikTok provides a unique and far-reaching outlet for expression, a means of engagement, and a source of community for more than 170 million Americans,” the Supreme Court wrote in a unanimous opinion released Friday.
“But Congress has determined that divestiture is necessary to address its well-founded national security concerns about TikTok’s data collection practices and relationship with a foreign adversary,” he added.
Following the ruling, Joe Biden’s administration said the outgoing president would not enforce the ban during his remaining term in office.
“Given the sheer fact of timing, this administration recognizes that action to implement the law must simply be the responsibility of the next administration, which takes office on Monday,” the White House said.
But TikTok said late Friday that statements from the White House and Justice Department “did not provide necessary clarity and certainty to service providers essential to maintaining TikTok’s availability” in the United States.
It added: “Unless the Biden administration immediately issues a definitive statement to satisfy the most critical service providers and ensure non-enforcement, TikTok will unfortunately be forced to cease operations on January 19th.”
According to the law, it is unlawful for companies without sales to provide services to distribute or host the video app or face fines of $5,000 per user.
It remains unclear whether tech companies like Apple, Google and Oracle, which offer such services to TikTok in the US, would risk continuing to work with the company over the weekend. It is also unclear whether the app could deliberately take itself offline to protect its partners.
Apple, Google and Oracle did not respond to requests for comment.
Trump said in one post on Truth Social following the ruling that its “decision on TikTok will be made in the not too distant future, but I must have time to review the situation,” adding that the court’s decision “was expected and everyone must respect it.” “.
In a video posted on TikTok after the court decision on Sunday, the group’s executive director, Shou Zi Chew, gave no assurances about whether the app would continue to work in the United States, but heaped praise on Trump.
“I want to thank President Trump for his commitment to working with us to find a solution that keeps TikTok available in the United States.” “This is a strong stand for the First Amendment and against arbitrary censorship,” he said, adding adding that the president-elect “really understands” the platform.
U.S. Attorney General Merrick Garland said the court’s decision “allows the Justice Department to prevent the Chinese government from using TikTok as a weapon to undermine America’s national security.”
Assistant U.S. Attorney General Lisa Monaco said the “next phase of this effort – implementing and ensuring compliance with the law after it takes effect on January 19 – will be a process that will play out over time.”
TikTok has said a spinoff would not be technologically feasible, while Beijing has indicated it would reject any sale.
The court’s ruling came shortly after Trump declared it on Friday discussed TikTok during a phone call with Chinese President Xi Jinping. It was the first call between the heads of state and government in four years.
The Supreme Court ruling upholds one of the boldest legislative moves of Biden’s term, just days before the Democratic president leaves the White House.
On Thursday, Trump’s new national security adviser, Mike Waltz, said the law “allows for an extension as long as there is a viable deal on the table. “Essentially, this buys President Trump time to keep TikTok going.”
According to the Financial Times, Chinese officials have held preliminary discussions about whether billionaire Elon Musk – now a close Trump ally – could broker a deal to sell the app reported this week.
Some potential buyers and partners have been circling and lobbying Trump. This includes Frank McCourt, an American media and sports entrepreneur who has formed a consortium of investors that would make a bid for TikTok through his non-profit organization Project Liberty.
TikTok boss Chew has launched a charm offensive to solidify Trump’s support, including plans to attend a “victory rally” for the president-elect in Washington on Sunday and his inauguration on Monday, two people familiar with the matter said.
Concerns that Beijing could use the app to spy or spread propaganda prompted the law, which passed last year with strong bipartisan support.
Even though China “has not yet used its relationship with ByteDance Ltd to access the data of U.S. TikTok users,” the top court said, there is “no basis for concluding that the government’s determination that China did so.” could do, not at least ‘reasonable’ is conclusion(s) based on solid evidence’.”
TikTok has asked the Supreme Court to hear its case after a US appeals court rejected its challenge to the law and its subsequent request to stay the measure pending further litigation.
The company tried to overturn the law, arguing that it was unconstitutional and violated the First Amendment’s free speech protections.
Additional reporting by Aime Williams in Washington and Stephen Morris and Michael Acton in San Francisco
