TikTok app in jeopardy after SCOTUS upholds ban, citing 'national security concerns'

The U.S. Supreme Court ruled on Friday upholding the federal ban on TikTok, a popular social media app used by 170 million Americans.

In a unanimous decision, SCOTUS agreed with the government that "national security concerns" regarding the app's affiliation with the People's Republic of China and its data collection outweighed users' First Amendment rights.

"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," the opinion said. "But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary."

Last April, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act, which would compel ByteDance, the China-based company that owns TikTok, to divest from the app by this Sunday.

TikTok claimed that the law "was conceived and pushed through based upon inaccurate, flawed, and hypothetical information," and Noel Francisco, who argued before SCOTUS on behalf of TikTok and ByteDance, said that if the law goes into effect, the app will "go dark" on January 19.

At that point, third-party providers like Apple and Google could face penalties for offering the app on their respective stores, and users who have already downloaded the app will likely no longer receive updates for it. Some TikTok influencers have already begun migrating their content to other platforms.

Though he signed the ban into law, President Joe Biden has signaled that enforcement of it will fall to the incoming administration. White House press secretary Karine Jean-Pierre said that while "TikTok should remain available to Americans," it should have "American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law."

'The Supreme Court decision was expected, and everyone must respect it.'

With the deadline fast approaching, President-elect Donald Trump has appeared interested in reaching a middle way regarding TikTok. He asked SCOTUS last month to suspend implementation of the law so that his administration could work out a "political resolution" for the matter. TikTok CEO Shou Chew will be one of several tech titans to attend Trump's inauguration on Monday.

The courts have thus far not cooperated. Back in December, a three-judge panel of the D.C. Court of Appeals — which included an Obama appointee, a Reagan appointee, and a Trump appointee — upheld the ban.

Now with SCOTUS — composed of one Biden appointee, three Trump appointees, two Obama appointees, two George W. Bush appointees, and one George H.W. Bush appointee — upholding the ban, Trump may have to get creative to find a solution.

Shortly after the ruling came down on Friday, Trump indicated he had already anticipated that SCOTUS would keep the ban in place. "The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!" he posted to Truth Social .

In a separate post, Trump also hinted that he may be able to reach a solution about TikTok with Chinese Chairman Xi Jinping directly.

I just spoke to Chairman Xi Jinping of China. The call was a very good one for both China and the U.S.A. It is my expectation that we will solve many problems together, and starting immediately. We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!

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