The US Supreme Court has upheld a law requiring TikTok to sever ties with its Chinese parent company, ByteDance, or face a nationwide ban starting January 19. The ruling removes the last legal hurdle preventing the federal government from enforcing the shutdown.
In a unanimous 27-page decision [PDF] issued just a week after hearing arguments, the court ruled that the Protecting Americans from Foreign Adversary Controlled Applications Act (PFACAA) does not infringe on TikTok users’ First Amendment rights.
According to the court, the act focuses on safeguarding Americans against foreign data collection rather than curbing free speech.
“While TikTok provides a unique platform for over 170 million Americans to express themselves and engage with communities, Congress has determined that divestiture is essential to address well-documented national security concerns tied to the app’s data practices and its connection to a foreign adversary,” the justices wrote.
The ruling concluded that PFACAA’s provisions do not violate the First Amendment, but not everyone agrees.
Criticism from Free Speech Advocates
Some civil liberties groups voiced their objections. “We are disappointed that the Court has upheld such a sweeping restriction on Americans’ free speech rights based on speculative national security claims backed by scant evidence,” said Liberty Justice Center president Jacob Huebert.
Uncertainty Around Enforcement
While TikTok has stated it will comply with the decision by shutting down its US services, the enforcement of the ban remains unclear. Outgoing Biden administration officials, speaking anonymously, suggested the current president does not plan to enforce the order, leaving the decision to President-elect Trump, who takes office a day after the ban’s scheduled start.
Interestingly, Trump, who sought to ban TikTok in 2020, now appears opposed to an outright blockade. Reports indicate he is drafting an executive order to allow the app to continue operating while searching for a US buyer.
“President Trump recognizes the dangerous precedent this ban sets, and we hope he follows through with his intent to secure a solution that preserves the platform,” Huebert added.
However, even a sale would require approval from both the US and Chinese governments. Beijing’s willingness to greenlight such a deal remains uncertain.
TikTok’s Next Steps
As the ban looms, TikTok’s plans remain unclear. CEO Shou Zi Chew released a statement offering little insight into how the company will respond.
Instead, Chew expressed gratitude to President-elect Trump for his “commitment to finding a solution that keeps TikTok available in the United States.” He also thanked the platform’s US users and promised to do everything possible to ensure its future.
Chew is expected to attend Trump’s inauguration alongside other tech leaders but has yet to detail how TikTok intends to navigate the coming days.