US Supreme Court upholds recall or ban law targeting TikTok

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The US Supreme Court has upheld a divestment or ban law targeting TikTok, potentially leaving the video app facing the possibility of a blackout for its 170 million American users, and putting its fate in the hands of President-elect Donald Trump.

The law obliges Tik TokChina’s parent company ByteDance has decided to sell the platform by January 19 – the day before Trump returns as US president – or face a nationwide ban.

“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,” the Supreme Court wrote in a unanimous opinion published Friday.

“But Congress determined that divestment was necessary to address well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” she added.

The decision by the country’s Supreme Court on Friday means the video app could “go dark” in one of its biggest markets. But the Biden administration said after the ruling that the outgoing president would not implement the ban during his remaining days in office.

The White House said: “Given the reality of the timing, this administration realizes that actions to implement the law must fall to the next administration, which takes office on Monday.”

“TikTok should remain available to Americans, but simply under U.S. ownership or other ownership that addresses the national security concerns Congress identified in developing this law,” she added.

The court issued the ruling shortly after Trump announced on Friday that he had discussed the TikTok issue in a phone call with Chinese President Xi Jinping. This was the first contact between the two leaders in four years.

Unless a buyer is found for TikTok within days, the law requires the video app to be removed from the Apple and Google app stores. The company said any separation would be technologically infeasible, while Beijing has previously indicated it would oppose any sale.

TikTok did not immediately respond to a request for comment.

The Supreme Court ruling upholds one of the boldest legislative moves in Biden’s term just days before the Democratic president leaves the White House.

Trump He said he plans to “save” the application when he returns to office and has previously called on the Supreme Court to delay the legislative deadline until he can find a “political solution” to the issue.

Mike Waltz, Trump’s national security adviser, said Thursday that the incoming administration “will put measures in place to prevent TikTok from going dark.”

He added that the legislation “allows for an extension as long as there is a viable deal on the table.” This gives President Trump prime time to continue running TikTok.

The Financial Times reported this week that Chinese officials had held preliminary discussions about whether billionaire Elon Musk – now a close ally of Trump – could broker a deal to sell the platform.

TikTok CEO Shou Zi Chew has launched a charm offensive to shore up support for Trump, including plans to attend the president-elect’s “victory rally” in Washington on Sunday and his inauguration on Monday, according to two people familiar with the matter.

The TikTok legislation, which passed with strong bipartisan support last year, was driven by concerns that Beijing could use the popular video platform for spying or to spread propaganda.

TikTok asked the Supreme Court to hear its case after the US Court of Appeals rejected its challenge to the law, as well as its subsequent request to stay the action pending further court action.

The social media app sought to overturn the law, arguing that it was unconstitutional and violated First Amendment protections for free speech.

Additional reporting by Amy Williams