U.S. Supreme Court affirms law prohibiting TikTok

The U.S. Supreme Court on Friday declined to intervene in a legal battle involving TikTok, upholding a law that requires the app’s Chinese parent company, ByteDance, to sell its U.S. operations or face a ban starting Sunday. The decision delivers a significant blow to the platform, used by nearly half of Americans, and underscores concerns over national security.

In a unanimous ruling, the justices found that the law, enacted with bipartisan support and signed by President Joe Biden last year, does not violate the First Amendment’s free speech protections. The court affirmed a lower court’s decision that upheld the law after challenges from TikTok, ByteDance, and some users.

“There is no doubt that TikTok provides over 170 million Americans with a unique platform for expression, engagement, and community,” the court stated in its opinion. “However, Congress has determined that divestiture is necessary to mitigate well-supported national security concerns about TikTok’s data practices and its ties to a foreign adversary.”

The court further noted that evidence indicates China has engaged in years-long efforts to collect structured data on U.S. individuals to support intelligence and counterintelligence operations. Emphasizing respect for the government’s security concerns, the court concluded that the law does not infringe upon TikTok's or its users' First Amendment rights.

White House Press Secretary Karine Jean-Pierre reiterated Biden’s stance, stating, “TikTok should remain available to Americans, but under ownership that addresses national security concerns.” She added that implementing the law will fall to the next administration, as Republican Donald Trump is set to succeed Biden on Monday.

TikTok and ByteDance did not immediately comment on the ruling, but sources say the app plans to cease operations in the U.S. on Sunday unless a last-minute deal is reached. The Supreme Court acted swiftly in the case, holding arguments on January 10, just nine days before the law’s deadline.

TikTok, used by approximately 270 million Americans, has been at the center of national security debates due to concerns over its Chinese ownership. The Biden administration has argued that the law targets the app’s foreign control, not its content, and allows TikTok to continue operating if divested from ByteDance.

During oral arguments, Justice Department lawyer Elizabeth Prelogar warned of the “grave threat” posed by TikTok’s data collection and potential for Chinese government interference. Prelogar emphasized that TikTok’s vast data could be weaponized for espionage, harassment, and covert influence campaigns.

The law, passed last April, prohibits services to TikTok by app stores like Apple and Google, effectively banning its use in the U.S. unless ByteDance complies with divestiture requirements. While Biden defended the law, Trump’s opposition marks a shift from his prior attempts to ban TikTok during his first term. Trump’s incoming administration has signaled openness to keeping the platform available if significant progress toward divestiture is made.

TikTok CEO Shou Zi Chew is expected to attend Trump’s inauguration on Monday, highlighting the app’s ongoing political significance. Meanwhile, some lawmakers, including Senate Democratic leader Chuck Schumer, have called for extending the deadline to allow TikTok more time to find an American buyer.

TikTok has argued that the law endangers free speech rights and could severely impact its user base, advertisers, creators, and employees, including its 7,000 U.S.-based staff. Its lawyer, Noel Francisco, described the app as a major speech platform and contended that the law targets expression rather than security. However, the court rejected these claims, prioritizing national security concerns over the platform’s continued operation.