In a major ruling on Friday, the U.S. Supreme Court cleared the way for the TikTok ban passed by Congress to take effect as early as Sunday, January 19. The Court determined that the ban does not violate the First Amendment, siding with lawmakers who argue that TikTok’s ties to the Chinese Communist Party (CCP) through its parent company, ByteDance, pose a significant national security threat.
In an unsigned opinion, the Court acknowledged TikTok’s massive influence in the U.S., stating, “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.” However, the Court ruled that Congress was justified in its decision to pass the ban, citing “well-supported national security concerns” over TikTok’s data collection practices and its relationship with a foreign adversary.
If ByteDance does not divest ownership of TikTok to a non-Chinese entity, the platform will be banned in the U.S. as outlined in the law signed by Joe Biden in April 2024.
The ruling also included concurring opinions from both Justice Neil Gorsuch and Justice Sonia Sotomayor, reflecting bipartisan support for the decision. The Court emphasized that TikTok users challenging the ban failed to show that their speech was being directly restricted. “It is not clear that the Act itself directly regulates protected expressive activity,” the Court stated. “The Act does not regulate the creator petitioners at all. It directly regulates ByteDance Ltd. and TikTok Inc. only through the divestiture requirement.”
Importantly, the Court highlighted that the law is content-neutral, focusing solely on the platform’s foreign ownership rather than the content shared on it. “They impose TikTok-specific prohibitions due to a foreign adversary’s control over the platform and make divestiture a prerequisite for the platform’s continued operation in the United States,” the opinion read.
Congressional leaders and national security officials have long warned about the risk of the Chinese government accessing the private data of millions of Americans. TikTok’s data-harvesting capabilities have raised concerns about surveillance, manipulation, and influence operations.
Efforts to prevent a full ban have surfaced, including an offer from “Shark Tank” investor Kevin O’Leary, who is leading “The People’s Bid for TikTok” in hopes of purchasing the platform and keeping it operational under American ownership.
As the deadline approaches, all eyes are on ByteDance’s next move. Without a sale, TikTok will soon be shut down in the U.S., marking a significant victory for national security and a major loss for Big Tech’s grip on American social media.
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