The U.S. Supreme Court has upheld a “stripping or banning” law against TikTok, which warned its 170 million U.S. users of an impending blackout and put its fate in the hands of President-elect Donald Trump.
The law forces TikTok’s Chinese parent company, ByteDance, to sell the platform by January 19, the day before Trump returns as U.S. president, or face a nationwide ban.
“There is no question that for more than 170 million Americans, TikTok provides a unique and broad source of expression, participation, and community,” the Supreme Court wrote in a unanimous opinion issued Friday.
“But Congress has determined that divestiture is necessary to address its national security concerns about TikTok’s data collection practices and relationships with foreign adversaries, and that concern is well supported,” it added.
After the ruling, Joe Biden’s administration said the outgoing president would not enforce the ban during the remainder of his term.
“Given the timing, this administration recognizes that action to implement this law must rest with the next administration that takes office on Monday,” the White House said.
But TikTok said late Friday that the White House and Justice Department statements “failed to provide necessary clarity and assurance to service providers who are critical to maintaining TikTok’s availability in the United States.”
It added: “Unless the Biden administration immediately provides a clear statement that satisfies the demands of the most critical service providers and ensures that they are not enforced, TikTok will be forced to shut down on January 19.”
Under the terms of the law, it would be illegal for companies to offer services that distribute or host video applications without sales, or face fines of $5,000 per user.
It was unclear whether technology groups such as Apple, Google and Oracle, which provide such services to TikTok in the United States, would risk continuing to work with the company over the weekend. It’s unclear whether the app also intentionally takes itself offline to protect its partners.
Apple, Google and Oracle did not respond to requests for comment.
Trump posted on Truth Social after the ruling that he “will make a decision regarding TikTok in the near future, but I will have to have time to review the situation,” adding that the court’s ruling “was expected and everyone Everyone must respect it.”
In a video posted on TikTok after the court ruling, the group’s chief executive Shou Zi Chew offered no guarantee on Sunday whether the app would continue to operate in the United States but heaped praise on Trump.
“I want to thank President Trump for his commitment to working with us to find solutions that will keep TikTok available in the United States. This is a strong stance for the First Amendment and against arbitrary censorship,” he said, adding that the president-elect “truly Understand this program.
U.S. Attorney General Merrick Garland said the court’s ruling “enables the Department of Justice to prevent the Chinese government from weaponizing TikTok to undermine U.S. national security.”
Deputy Attorney General Lisa Monaco said, “The next phase of this work—implementing and ensuring compliance with the law after it takes effect on January 19—will be a process that evolves over time. a process that unfolds over time.”
TikTok has said any spin-off would be technically unfeasible, while Beijing has expressed opposition to any sale.
The court’s ruling came shortly after Trump said on Friday that he discussed TikTok in a call with Chinese President Xi Jinping. It was the first phone call between the leaders in four years.
The Supreme Court ruling upholds one of the boldest legislative moves of Biden’s term, just days before the Democratic president leaves the White House.
On Thursday, Trump’s incoming national security adviser Mike Walz said the legislation “allows for an extension as long as there is a workable deal on the table.” Essentially, this gives President Trump a win to keep TikTok going development time”.
Chinese officials have held preliminary discussions about whether billionaire Elon Musk, now a close ally of Trump, could broker a sale of the app, the Financial Times reported this week.
Some potential buyers and partners have been lobbying Trump. Among them is American media and sports businessman Frank McCourt, who has formed a consortium of investors to bid for TikTok through his non-profit entity Project Liberty.
TikTok Chief Executive Chew has launched a charm offensive to solidify Trump’s support, including plans to attend the president-elect’s “victory rally” in Washington on Sunday and Monday’s inauguration, two people familiar with the matter said.
The law was passed last year with strong bipartisan support amid concerns that Beijing could use the app to conduct espionage or spread propaganda.
The Supreme Court said that while China “has not yet used its relationship with ByteDance Ltd. to obtain data on U.S. TikTok users,” there is “no basis to conclude that the government’s decision to believe that China might do so was not at least ‘reasonable.'” ‘.[e] Based on a large body of evidence.”
After a U.S. appeals court rejected a challenge to the law, TikTok asked the Supreme Court to hear its case and subsequently requested a stay on the measure pending further court proceedings.
The company sought to repeal the law, arguing it was unconstitutional and violated First Amendment protections of free speech.
Additional reporting by Aimee Williams In Washington, Stephen Morris and Michael Acton in San Francisco
