The Supreme Court has authorized the implementation of the TikTok ban this weekend, dismissing the app owners’ appeal that claimed the ban infringes on First Amendment rights. The decision was unsigned and faced no opposition.
This ruling comes after the Biden administration highlighted TikTok’s significant national security risks due to its connections with China. The ban is scheduled to begin on Sunday, though the specifics of how it will be enforced remain uncertain since the U.S. has never banned a major social media platform before.
TikTok serves as a major outlet for expression and community engagement for 170 million Americans. Despite this, the Court prioritized Congress’s concerns about national security, particularly regarding TikTok’s data practices and its relationship with a foreign adversary. The Court stated, “Congress concluded that divestiture is necessary to mitigate national security risks associated with TikTok’s data collection and its foreign affiliations.”
The decision now shifts responsibility to President-elect Donald Trump, who told CNN he will determine the ban’s fate. Trump also confirmed a conversation with Chinese President Xi Jinping, where TikTok was among the topics discussed.
Leading up to the ban, the Biden administration indicated that Trump would be in charge of enforcing it after his inauguration. A Biden official remarked, “We believe TikTok should remain under American ownership. Enforcement will be determined by the incoming administration.”
TikTok CEO Shou Chew is expected to attend Trump’s inauguration alongside other tech executives, highlighting the administration’s focus on the platform’s future. Some lawmakers have proposed delaying the ban to allow TikTok more time to secure a buyer. The law permits the president to postpone the ban by 90 days if substantial progress toward a sale is evident, but ByteDance has not announced any developments.
The Court’s ruling concentrated on TikTok’s vast data collection. The Biden administration argued that China could exploit user data for blackmail or manipulate content. The Court noted, “TikTok does not challenge the government’s legitimate interest in preventing China from accessing U.S. user data.”
Recognizing the challenges posed by evolving technologies, the Court justified the government’s targeted approach due to TikTok’s scale and potential foreign influence. It also emphasized that any similar laws concerning other entities would need distinct legal evaluations.
Referencing Justice Felix Frankfurter, the Court advised caution in setting legal precedents that could obstruct future technological progress: “We must be careful not to hinder the future.”