US Supreme Court You will allow The federal government has decided to ban TikTok if the popular video-sharing app doesn’t find someone to sell itself to.
Incoming President Trump asked the Supreme Court to delay implementation of the law. It declined and there is no clear buyer for TikTok. If nothing changes, the ban will begin on Sunday, the day before Trump’s inauguration. Biden said he would not impose the ban and It will allow Trump to deal with the problem.
How did we get here? TikTok is owned by China-based ByteDance, and lawmakers have successfully argued over the past few years that it was feeding large troves of American data to servers owned by the Chinese Communist Party. In 2024, a bipartisan bill passed that would force ByteDance to sell TikTok or ban it from US shores.
ByteDance opposed the decision all the way to the Supreme Court, arguing that the sale was a violation of the First Amendment rights of millions of Americans. It was an argument that the Supreme Court did not find convincing.
“There is no doubt that TikTok, for more than 170 million Americans, provides a distinctive and broad outlet for expression, a means of engagement, and a resource for community,” she said in her decision. “But Congress has determined that divestment is necessary to address well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the reasons stated above, we conclude that the contested provisions do not violate the petitioners’ First Amendment rights.”
In concurring, Supreme Court Justice Neil Gorsuch lamented the time constraints imposed on the court regarding the decision and questioned its ultimate effectiveness. “I do not know whether this law will succeed in achieving its goals,” he wrote. “A determined foreign adversary may merely seek to replace one lost surveillance app with another. As time passes and threats evolve, less dramatic and more effective solutions may emerge. Even what might happen after TikTok remains unclear.”
People have already moved on to other apps. Xiaohongshu, or RedNote, is another video app based in China Her popularity soared While the court is considering the case. Thousands of Americans flocked to the app, and there was a cross-pollination between people in China and the United States that we had never seen before. The Americans are already teaching Chinese users How to make 3D printed weapons. Chinese users are teaching Americans that their views of China may be distorted.
But what happens in the future or what other applications come up with is not the court’s business. “The question we face today is not the wisdom of the law, but only its constitutionality,” Gorsuch said. “Only a few days after oral argument to issue an opinion, I cannot state the kind of certainty I would like to have about the arguments and record before us. All I can say is that at this time and under these constraints the issue appears real and the response to it is not unconstitutional. It is one thing to speak with and for a foreign adversary and another to allow a foreign adversary to spy on Americans.
TikTok CEO Shou Zi Chew is scheduled to attend Trump events this weekend in addition to the inauguration. What happens now is anyone’s guess.
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