The US Supreme Court upheld yesterday a law banning TikTok in the United States on national security grounds if its Chinese parent company ByteDance does not sell the short-video app by Sunday, as the justices in a 9-0 decision declined to rescue a platform used by about half of all Americans.
The justices ruled that the law, passed by an overwhelming bipartisan majority in Congress last year and signed by Democratic President Joe Biden, did not violate the US Constitution’s First Amendment protection against government abridgment of free speech, Reuters yesterday reported from Washington.
The justices affirmed a lower court’s decision that had upheld the measure after it was challenged by TikTok, ByteDance and some of the app’s users.
“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. 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,” the court said in the unsigned opinion.
A statement issued by the White House suggested that Biden, in the waning days of his presidency, would not take any action to save TikTok before the law’s Sunday deadline for divestiture.
Trump also said he and Chinese President Xi Jinping discussed issues including TikTok in a phone call on Friday.
The court’s unanimity underscored the acceptance by the justices of the national security risks cited by Biden’s administration concerning China’s potential to exert control over the app, which blunted apprehensions over free speech infringements.
TikTok plans to shut US operations of the app on Sunday barring a last-minute reprieve, people familiar with the matter told Reuters on Wednesday. TikTok CEO Shou Zi Chew will attend Trump’s inauguration on Monday, seated among other high-profile invitees. TikTok did not immediately respond to a request for comment.