TikTok could be banned, US Supreme Court rules
The US Supreme Court upheld a law that could have banned TikTok this Sunday in a new opinion released on Friday.
“There is no doubt that for more than 170 million Americans, TikTok provides an exceptional and expansive means of expression, means of interaction, and source of community,” the opinion reads. “But Congress has determined that divestment is necessary to address well-supported national security concerns related to TikTok’s data collection practices and relationships with foreign adversaries .”
TikTok did not immediately respond to a request for comment, but the company recently said they would shut down the app on Sunday, the deadline for renewal.
For more than five years, US government officials have tried to ban or force the sale of TikTok, accusing the Chinese-owned company of sharing American user data with the Chinese government and filling up feeds. using propaganda supporting China. Congress and agencies like the FBI have not provided the public with much information confirming these allegations but have pursued various methods to ban TikTok.
In 2020, former president Donald Trump tried for the first time ban TikTok passed a failed executive order. Finally, President Joe Biden signed a bill into law on April 24, 2024 requiring TikTok’s parent company, Bytedance, to sell the app to American owners by January 19 or face removed from US app stores. In an effort to stop the ban, TikTok and a group of creators quickly filed a lawsuit against the Department of Justice, arguing that the Protecting Americans from Foreign Adversarial Apps Act violates civil rights rights. Their First Amendment.
During oral arguments Friday, TikTok attorney Noel Francisco and Jeffrey Fisher, who represents the creators, tried to drive that argument home. For the government, solicitor general Elizabeth Prelogar argued that the law did not violate the defendants’ free speech rights but instead cut the app off from Bytedance and Chinese influence.
“There is no doubt that the remedy chosen by Congress and the President here is dramatic,” Justice Neil Gorsuch wrote in a concurring opinion. “Whether this law will succeed in achieving its purpose, I don’t know. A determined foreign adversary could seek to replace one lost surveillance application with another. As time passes and threats evolve, less dramatic and more effective solutions may emerge.”
The law allows Biden to extend the January 19 deadline for another 90 days as long as Bytedance is up for sale. As of Wednesday, the Biden administration is said to be looking for a way to save the app but haven’t revealed anything publicly yet. The White House did not immediately respond to a request for comment from WIRED on Friday. Several US-based sponsors have lined up to purchase the app, including former LA Dodgers owner Frank McCourt. Kevin O’Leary or Mr. Wonderful, of Shark tank reputation, signed McCourt’s proposal and recently met Trump at Mar-a-Lago.
“We are considering a formal offer to ByteDance. We are ready to work with the company and President Trump to complete the agreement. Together, we can transition TikTok to a clean technology platform and turn this national security issue into a major win for Americans,” McCourt said in a statement responding to Friday’s decision.
