They will not back down.
On January 17, the U.S. Supreme Court denied TikTok’s request to block a federal law requiring its parent company, ByteDance, to either sell its stake in TikTok or cease its U.S. operations by January 19. This decision came just a week after oral arguments in the case, TikTok Inc. v. Garland, and its companion case, Firebaugh v. Garland. The Court’s opinion, which was unanimous, upheld the law, ruling that it does not infringe on First Amendment rights. The Court also addressed concerns raised about the law’s impact on free speech, noting the importance of national security.
The law in question, signed by President Joe Biden in April 2024, is known as the Protecting Americans from Foreign Adversary Controlled Applications Act. It was passed with bipartisan support in Congress and expresses concerns over the potential influence of the Chinese government on TikTok due to ByteDance’s ownership. Supporters of the law argue that TikTok could be used to gather sensitive personal data from American users, which could be exploited for national security purposes or to spread propaganda. TikTok has denied claims of Chinese interference in its operations, despite ByteDance’s ownership of subsidiaries in China.
The Supreme Court ruled that the law is justified due to the significant concerns over TikTok’s data collection practices and its potential to be controlled by a foreign adversary. The Court acknowledged TikTok’s wide-reaching platform, which serves as a unique outlet for expression for over 170 million Americans, but emphasized that national security concerns related to data privacy warranted special treatment. The Justices also noted that the law’s aim was not to shut down TikTok but to address Chinese control over the app.
While the Court’s ruling was largely in agreement, Justices Sonia Sotomayor and Neil Gorsuch filed separate opinions, raising concerns over the law’s implications for the First Amendment and its potential effectiveness in safeguarding national security. Sotomayor argued the law should have been analyzed under a stricter scrutiny standard for First Amendment cases, while Gorsuch questioned whether the law would truly prevent a foreign adversary from finding other means of surveillance.
In response to the decision, White House Press Secretary Karine Jean-Pierre stated that the implementation of the law would fall to the next administration. President-elect Donald Trump also weighed in, acknowledging the decision but suggesting he would review the situation and make his own determination on TikTok’s future in the U.S.
