The US Supreme Court upheld a law banning TikTok unless its Chinese parent company, ByteDance, sells the app or relinquishes control, rejecting the app’s challenge. The law, passed by Congress in 2022 and signed by President Biden, does not violate the First Amendment, the Court ruled. TikTok had contested the law, which was set to take effect by January 19, claiming it endangered free speech rights. The law, backed by national security concerns, cites fears that TikTok could be used by China to harvest sensitive American data and carry out covert influence campaigns.
While TikTok has a massive user base in the US, the Biden administration argues that the law targets foreign control of the app, not protected speech. In the case’s background, arguments were made about the Chinese government’s potential to weaponize the app for espionage or propaganda purposes. TikTok and its users, challenging the law, emphasized the app’s role in free expression, arguing that the law’s enforcement would harm American content creators, advertisers, and employees.
This ruling comes amid shifting political stances, including former President Trump’s changed position on TikTok, and a push from lawmakers for an American buyer for the app to protect national security while preserving its use. Despite the ruling, discussions continue about finding a resolution, including potential extensions for divestiture, which could delay the ban.