The Supreme Court in the US refused to save TikTok from the law that requires the popular short video app to be bought by their Chinese company ByteDance or banned on Sunday in the United States for reasons of national security – a major blow to the platform used by almost half of all Americans.
The justices unanimously ruled on Friday that the law, passed by a majority in Congress last year and signed into law by Democratic President Joe Biden, did not violate the US First Amendment protection against government interference with free speech. The judges confirmed the decision of the lower court that followed this after being challenged by TikTok, ByteDance and some of the users of the program.
“There is no doubt that, for more than 170 million Americans, TikTok provides an opportunity for expression, a means of action, and a source of people. But Congress has determined that the division is necessary to address concerns that are well supported by TikTok's national security of information collection and relationships. is a foreign enemy,” the court said in an unsigned opinion.
The court also stated that “we hold that the impugned provisions do not violate petitioners' right to write the First Amendment.”
The Supreme Court acted quickly in the case, as it argued on January 10, just nine days before the deadline set by the law. The case clashed with free speech and national security concerns in the age of civil society.
TikTok is one of the most popular social media platforms in the United States, used by about 270 million Americans – about half of the country's population, including many young people. TikTok's powerful algorithm, its biggest asset, feeds users short videos tailored to their interests. The platform has a large number of user-submitted videos, usually less than a minute long, that can be viewed through a mobile app or online.
China and the US are economic and political rivals, and China's ownership of TikTok has for years raised concerns among American leaders. The TikTok battle took place within days of Biden's presidency – Republican Donald Trump took his place on Monday – and at a time of growing tensions between the two world economies.
The White House and Trump did not immediately respond to a request for comment.
The Biden administration has said the law seeks to regulate the app by a foreign adversary, not protected speech, and that TikTok can continue to operate if it is freed from Chinese control.
'High risk'
During arguments in the case, Justice Department lawyer Elizabeth Prelogar said that the Chinese government's control of TikTok is a “grave threat” to US national security, as China seeks to collect large amounts of information about Americans and conduct covert activities. Prelogar said China forces companies like ByteDance to secretly exchange information on social media users and do what the Chinese government wants.
The massive set of TikTok, Prelogar added, represents a powerful tool that the Chinese government can use for torture, recruitment and espionage, and that China “can use TikTok at any time to harm the United States”.
The law was passed last April. Biden's administration defended it in court. TikTok and ByteDance, as well as other users who post content on the app, contested the action and filed an unsuccessful appeal to the Supreme Court on December 6 in the US Supreme Court for the District of Columbia Circuit.
Trump's opposition to the ban represents a reversal from his first term in office when he sought to ban TikTok. Trump has said he has a “warm spot in my heart for TikTok,” believing the app helped him with younger voters in the 2024 election.
In December, Trump asked the Supreme Court to suspend the law to give incoming administrations “an opportunity to respond to political issues.” But despite Trump's promise to “save” TikTok, many of his Republican allies supported the ban.
Mike Waltz, Trump's national security adviser, said on Thursday that the new administration would keep TikTok alive in the United States if a deal is possible. Waltz said the incoming administration would “put in place a way to keep TikTok from blacking out,” and cited a rule allowing for a 90-day extension if there is “significant progress” in the removal process.
Senate Democratic leader Chuck Schumer said on Thursday that TikTok should be given more time to find an American buyer and that he will work with Trump “to keep TikTok alive and protect our national security”.
TikTok CEO Shou Zi Chew will attend Trump's inauguration on Monday, sitting among the celebrity guests.
TikTok says the law threatens the First Amendment rights not only of its users, but of Americans as a whole. TikTok has said that the ban will affect users, advertisers, content creators and employee talent. TikTok has 7,000 US employees.
Noel Francisco, a lawyer for TikTok and ByteDance, told the Supreme Court that the program is “one of the most popular platforms in America,” and said that the law requires it to “stay dark” unless ByteDance provides the appropriate channels.
TikTok plans to shut down the app's US operations on Sunday to prevent last-minute refunds.
Francisco said the real purpose of the US government with the law is to speak out – mainly because of the fear that the American people “will be influenced by Chinese propaganda”. But the First Amendment leaves that up to the people of the United States, not the government, Francisco said.
Barriers to providing certain services to TikTok and other apps controlled by foreign adversaries including providing them through app stores such as Apple and Alphabet's Google, and prohibiting their continued use in the US do not exist.