The United States Supreme Court has unanimously upheld a law mandating the sale of TikTok, the popular social media platform, from its Chinese parent company, ByteDance. This decision comes despite efforts by both President Biden and President-elect Donald Trump to postpone the divestment.
The Supreme Court justices, in their ruling, acknowledged the significant role TikTok plays in the lives of over 170 million Americans as a unique platform for expression, engagement, and community building. However, they also recognized the necessity of the divestment to address national security concerns related to TikTok’s data collection practices and its ties with a foreign adversary.
The court’s decision supports the ruling of the DC US Appeals Court. The justices stated that the divestment does not infringe on the First Amendment rights of the petitioners. The Supreme Court seemed prepared to uphold lower-court rulings during oral arguments last week, prioritizing national security concerns over free speech issues.
Solicitor General Elizabeth Prelogar defended the Protecting Americans from Foreign Adversary Controlled Applications Act, asserting that it was essential and that Americans’ free speech would be “unrestricted once TikTok is freed from foreign adversary control.” The legislation was passed by Congress last April and signed into law by President Biden. However, Biden, who is retiring, is not expected to enforce the law in the final days of his administration.
Instead, the decision will be deferred to President-elect Trump when he assumes office on Monday. TikTok CEO Shou Zi Chew is expected to attend Trump’s inauguration ceremony. Trump announced shortly after the Supreme Court’s decision that he had discussed the social media app with Chinese President Xi Jinping.
In a post on his Truth Social platform, Trump stated that he and President Xi had a productive conversation about various topics, including TikTok. He expressed optimism about resolving many issues collaboratively. Senate Majority Leader Chuck Schumer also weighed in, urging all parties to continue efforts to find an American buyer for TikTok to free the app from Chinese influence and preserve jobs for millions of creators.