As expected, the US Supreme Court has upheld a controversial law demanding TikTok’s Chinese parent company, ByteDance, to divest its ownership of the platform or face a sweeping ban across the country. This decision threatens to cut off access to the app for its 170 million American users, placing its future in the hands of incoming President Donald Trump.
We obtained a copy of the opinion for you here.
The law mandates ByteDance to finalize the sale of TikTok by January 19 — just one day before Trump re-enters the White House — or risk being banned nationwide. However, the Biden administration has said that it won’t enforce the law and will leave that to President Trump. President Trump has spoken out against the law.
The White House remarked, “Given the sheer fact of timing, this administration recognizes that actions to implement the law simply must fall to the next administration, which takes office on Monday.”
The administration further emphasized that TikTok should continue operating in the US, provided it is under American or otherwise non-threatening ownership: “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
In a unanimous opinion, the Supreme Court acknowledged TikTok’s vital role in American digital life, 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 backed Congress’s assertion that forced divestiture is necessary to mitigate national security risks tied to TikTok’s data practices and ties to a foreign adversary.
Pressure is mounting on President Joe Biden to intervene and prevent TikTok from being banned in the United States as early as Sunday, a move that lawmakers argue would harm millions of creators and small businesses. Democratic Senator Ed Markey voiced the urgency on Thursday, stating, “We’re asking for the ability to be able to try rationally to resolve this issue so TikTok does not go dark. Let’s take a breath, try to step back, buy some time, try to figure this out.”
Senate Majority Leader Chuck Schumer also pressed Biden to extend the deadline for Chinese-owned ByteDance to divest TikTok’s US operations by 90 days. An aide confirmed Schumer’s efforts, emphasizing the potential disruption a ban would cause to the app’s 170 million American users. Schumer remarked, “It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers.”
