Published on: January 18, 2025
The Supreme Court dealt a major setback to TikTok on Friday, upholding a law requiring China-based owner ByteDance to sell the platform by Sunday or face a potential ban in the US. The unsigned decision, with no dissents, rejected TikTok’s claim that the law violates free speech rights.
The law, passed over concerns about national security and Chinese government influence, allows penalties against companies like Apple and Google if they enable TikTok’s distribution. However, both the outgoing Biden administration and the incoming Trump administration have indicated they won’t immediately enforce the law.
“TikTok should remain available to Americans,” said White House Press Secretary Karine Jean-Pierre, while noting the need to address security issues.
TikTok CEO Shou Chew expressed optimism for a resolution, posting on the platform, “We hope for a solution that keeps TikTok available.”
The Justice Department argued the platform could allow China to manipulate content or collect sensitive user data. The court agreed.
“TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment,” the Court said, and it found the law “unrelated to the suppression of free expression.”
Former President Trump, who previously sought to ban TikTok, has since changed his mind and hinted at potential action.
“My decision on TikTok will be made in the not too distant future,” he posted on Truth Social. ByteDance, however, has resisted selling, and speculation about potential buyers remains unresolved.
Legal experts have highlighted that even if enforcement is delayed, the law’s penalties could discourage companies like Apple and Google from continuing to host TikTok in their app stores. The risk of civil penalties for aiding TikTok’s distribution, which can be pursued up to five years after violations, creates uncertainty for the platform’s future in the US.
If TikTok goes offline, the decision could disrupt millions of creators and businesses relying on the platform. Many are already exploring alternatives, including Instagram Reels and YouTube Shorts, which have implemented features similar to TikTok to attract its user base. The broader implications of the ruling could reshape the landscape of social media and digital privacy in the United States.