U.S. Supreme Court upholds TikTok ban

By Shirleen Guerra
The Center Square

The U.S. Supreme Court has upheld the federal ban on TikTok in a landmark ruling with far-reaching implications.

The ban will take effect on Jan. 19, and servers will shut down. Users will no longer be able to post or view videos, regardless of whether the app was downloaded.

The ruling came only two days before the ban was set to take effect.

"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," said the Supreme Court in the opinion delivered Friday. "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. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights."

The highly anticipated ruling on the legality of the federal TikTok ban has sparked debate nationwide over national security, free speech, and digital privacy for nearly a year after Biden signed the federal ban in April 2024, mandating that TikTok's parent company, ByteDance, sell by Jan. 19 or face a nationwide ban.

The ruling sets a new precedent for the amount of government control over foreign-owned platforms that choose to operate within the United States as the current climate echoes a modern "Digital Tea Party," as concerns over foreign influence fuel a fight for control over the nation's data.

The Supreme Court had previously denied TikTok's request for a temporary injunction to delay the enforcement of the ban but agreed to hear arguments before it was to ago into effect.

During the session, several justices expressed skepticism about TikTok's arguments that the law infringes on First Amendment rights.

Federal lawmakers had argued the ban was necessary to safeguard sensitive data while TikTok's legal team argued that it violates First Amendment Rights, stating officials failed to provide sufficient evidence related to those concerns.

However, Biden added another layer of suspense to the controversy this week, stating that his administration wouldn't enforce any ban while the legal process is played out.

President-elect Donald Trump had previously petitioned the U.S. Supreme Court to delay the enforcement after expressing sympathy over TikTok's position. He asked that his incoming administration address the national security concerns through "political negotiations" rather than an outright ban.

The historical case highlights concerns over platforms that pose a national security risk because of their potential data sharing with the Chinese government due to ByteDance being subject to many data security and cybersecurity laws.

"We are disappointed that the Court would uphold such a sweeping restriction on Americans' right to free speech — especially based on speculative 'national security' arguments that the government backed with minimal evidence," said Jacob Huebert, President of the Liberty Justice Center in a statement.

"But the Court's ruling today is at least narrow—it relies on the unique relationship between TikTok and its foreign parent, and it doesn't opine on the parts of the law that would allow future presidents to ban other platforms they believe threaten national security. In addition, President Trump has recognized the dangerous precedent this ban sets, and we hope he will follow through with his stated intention to reach a deal to save the platform.

Millions of Americans have preemptively flocked to another Chinese-owned app, RedNote, sparking fresh concerns over data privacy and national security ahead of the ban.
 
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