The United States Supreme Court has upheld a law requiring TikTok’s China-based parent company ByteDance to sell its U.S. operations by Sunday or face an outright ban.
TikTok had challenged the law, arguing it violated free speech protections for its 170 million US users. However, the court unanimously rejected this argument, leaving TikTok to either find a buyer for its U.S. platform or risk removal from app stores and hosting services. The Supreme Court affirmed a lower court’s ruling, stating that the law does not violate the First Amendment. The justices acknowledged TikTok’s role as a unique platform for free expression but emphasized Congress’s authority to address national security concerns tied to its ownership.
The White House announced that the responsibility to enforce the law would fall to incoming President Donald Trump, who takes office on Monday. Trump has promised to address the situation “in the not too distant future.”
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Curiously enough, during his first term in office, Trump issued executive orders to ban TikTok and WeChat in the U.S., citing national security concerns over data privacy and potential ties to the Chinese government.
However, these bans were blocked by court rulings and never fully implemented.
TikTok CEO Shou Zi Chew, who is expected to attend Trump’s inauguration, expressed gratitude in advance to the incoming administration for its “willingness to work” toward keeping the app available in the U.S.
Concerns over TikTok’s ties to the Chinese government prompted bipartisan support for the ban, with lawmakers citing potential risks to national security. ByteDance has consistently denied sharing data with Beijing, but the law passed in April 2024 grants the company until 19 January 2025, to sell its business in the U.S. to a neutral party.
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U.S. officials, including Attorney General Merrick Garland, argue that TikTok’s data collection practices pose “serious risks” due to Chinese laws requiring companies to cooperate with intelligence efforts. Beijing denies pressuring companies to collect information and has criticized the ban. TikTok maintains it has never been asked to share user data with the Chinese government.
Last August, the U.S. government filed a lawsuit against TikTok over unlawful collection children's data and failure to respond when parents tried to delete their children's accounts.
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Starting Sunday, Apple and Google will be prohibited from offering TikTok to new users or providing updates to existing users in the U.S. ByteDance, which has refused to sell its business in America, has signaled plans to shut down the app there if no resolution is reached by the deadline.
The company responded on 18 January that “both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers” on the matter.
Media reports speculated this week that billionaire Elon Musk, an ally of Donald Trump, could be a potential buyer of TikTok’s U.S. division.
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