Supreme Court Upholds TikTok Ban, Fate Of App Falls On Trump

Friday morning (Jan. 17), the United States Supreme Court unanimously voted to uphold a ban on TikTok which is set to take immediate effect on Sunday, the last day of President Joe Biden‘s term and the day before President-elect Donald Trump‘s inauguration for his second term in office.

“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,” the decision was explained via the New York Times. “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.”

President-Elect Donald Trump reacts during his meeting with Prince William, Prince of Wales at the Embassy of the United Kingdom’s Residence on December 7, 2024 in Paris, France. Donald Trump was among the wave of foreign dignitaries descending on Paris this weekend to attend a reopening ceremony at Notre-Dame Cathedral, more than five years after it was damaged in a major fire.

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President Biden initially signed the law last spring after it passed in Congress with bipartisan support, citing national security concerns due to the app being owned by foreign entities in China at ByteDance. According to the Associated Press, Biden will not enforce the law on his final day, leaving the fate of the popular social media platform to Trump.

“The court’s decision enables the justice department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security. Authoritarian regimes should not have unfettered access to millions of Americans’ sensitive data. The court’s decision affirms that this act protects the national security of the United States in a manner that is consistent with the constitution,” stated outgoing attorney general Merrick Garland, per The Guardian.

TikTok protest

Participants hold signs in support of TikTok outside the U.S. Capitol Building on March 13, 2024 in Washington, DC. The House of Representatives will vote Wednesday on whether to ban TikTok in the United States due to concerns over personal privacy and national security unless the Chinese-owned parent company ByteDance sells the popular video app within the next six months.

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In the past, Trump was on board for a TikTok ban, however the President-elect recently shifted his position.

“It ultimately goes up to me, so you’re going to see what I’m going to do,” detailed Trump to CNN following the decision. “Congress has given me the decision, so I’ll be making the decision,” noting that he had a conversation with Chinese President Xi Jinping on Friday morning, where TikTok was discussed.

He also elaborated on the news on his app, Truth Social, writing “The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” according to The Hill.

TikTok CEO Shou Zi Chew in court

TikTok CEO Shou Zi Chew prepares to testify before the House Energy and Commerce Committee in the Rayburn House Office Building on Capitol Hill on March 23, 2023 in Washington, DC.

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“TikTok itself is a fantastic platform,” exclaimed incoming national security adviser Mike Waltz, per The Hill. “I wish I could have it on my phone. The algorithm is amazing. We’re going to find a way to preserve it but protect people’s data. And that’s the deal that will be in front of us.”

The outlet reported that TikTok CEO Shou Zi Chew will attend Trump’s inauguration, which is set for next Monday. According to NPR, China announced it will send Vice President Han Zheng to attend the inauguration, as well.

For now, users of TikTok can expect to be greeted by a pop-up message directing them to a website with information about the ban, per Reuters.