The Supreme Court of the United States refused on Friday (17) to block a federal law that will ban TikTok in the United States as early as this weekend, unless the extremely popular video-sharing app in the country ceases to be Chinese-owned.
The judges’ order was a blow to TikTok, prohibiting its operation just before Donald Trump takes office on Monday (20), who promised to “save” the app.
Trump asked the Supreme Court to delay the implementation of the law to give him a chance to act when he returns to the White House. With the court refusing this option and no sale of the app apparently imminent, the ban is now set to take effect on Sunday (19).
The law blocking the app was passed in April 2024 with bipartisan support and signed by President Joe Biden in response to concerns about national security and the potential influence of the Chinese government over the platform.
As the deadline for the ban approaches, the Supreme Court scheduled a special session last week to hear arguments from TikTok’s creators. They argued that the government’s national security concerns do not justify an unprecedented and sweeping restriction on the speech of 170 million Americans who use the app for news, entertainment, and self-expression.
During oral arguments, most judges appeared inclined to uphold the law, which requires TikTok’s Chinese parent company, ByteDance, to sell the platform. The judges understood and somewhat agreed with Congress’s concern about the Chinese government secretly using the app to collect vast amounts of sensitive data on millions of American users and potentially exploiting that information to blackmail young Americans or turn them into spies.
Several judges from across the ideological spectrum also emphasized that foreign entities do not have rights under the First Amendment of the American constitution and that the site could continue to operate similarly, but under different and non-Chinese ownership.
Although Trump promised to rescue the app, how he plans to do so remains uncertain. The Washington Post reported on Wednesday that the elected president is exploring unorthodox ways to assist the platform, including issuing an executive order as soon as he takes office that would suspend the law’s enforcement for 60 to 90 days. But Trump said earlier this week that until the Supreme Court rules, “nobody knows” the fate of TikTok.
Still, Trump has repeatedly given TikTok allies reasons for hope, including inviting the company’s CEO, Shou Zi Chew, to his inauguration ceremony as a guest of honor on the platform. Chew is also scheduled to attend at least two other Trump celebrations before his inauguration on Monday, including a reception for the new Cabinet and a dinner for elected Vice President JD Vance this weekend.
Under the TikTok law, known as the ‘Protecting Americans From Foreign Adversary Controlled Applications Act’, app store giants like Google and Apple and internet hosting services could face hefty fines if they continue to offer TikTok in their products starting Sunday. Violations could cost companies $5,000 for each user who continues accessing TikTok, which could add up to billions of dollars in penalties.
While the law focuses on removing TikTok from app stores and internet hosting services, executives within the company discussed the total withdrawal of the app from U.S. users on Sunday to demonstrate how disruptive the ban would be, according to the Washington Post.
Even a temporary ban could lead to a significant exodus of users from which the company would find it difficult to recover, according to TikTok. Even if the app remains on users’ devices, it will become inoperable over time, or the lack of access to updates could degrade the site’s use. TikTok’s site may also cease to function in internet browsers.
This week, ahead of the court’s decision, many users who call themselves “TikTok refugees” began migrating to competing video apps, including the Chinese-owned RedNote and Lemon8, also owned by ByteDance. ByteDance could still avoid a TikTok ban by selling the app, but the company insisted it has no plans to do so, and the Chinese government said it opposes the divestiture.
Still, potential buyers are making proposals. Chinese authorities are considering allowing Elon Musk, a close ally of Trump, to purchase TikTok’s operations in the U.S., according to Bloomberg and the Wall Street Journal. TikTok denies these reports. Business mogul Frank McCourt and “Shark Tank” star Kevin O’Leary have put together a separate $20 billion offer.
Source: The Washington Post