The Supreme Court is allowing a ban on TikTok to go into effect in the United States just days before President-elect Donald Trump is sworn into office for a second term.
The court issued its decision on Friday after TikTok argued a law banning the popular video streaming app unless it is sold violated users’ First Amendment rights.
‘We conclude that the challenged provisions do not violate petitioners’ First Amendment rights,’ the country’s highest court wrote in its decision, which reaffirming an appeals court ruling.
Last year, Congress passed a law banning TikTok unless its Chinese parent company ByteDance sells its stakes by January 19, 2025.
U.S. officials raised concerns that the wildly popular social media app is a national security concern with the collection of Americans’ data.
But as the clock ticked down on the deadline, no deal materialized.
The decision dropped less than an hour after Trump revealed he spoke with Chinese President Xi Jinping including about TikTok and vowed the two will work together to ‘solve many problems.’
Last year, TikTok, along with some users and creators, sued in an effort to block the ban. But their efforts were rejected by lower courts, leaving them with no choice but to appeal to the Supreme Court.
The Supreme Court heard oral arguments in the case on January 10, where it signaled it would not interfere with the ban going into effect on Sunday.
In that decision on Friday, the country’s highest court noted that the provisions of the law in question were content neutral, targeting a foreign adversary’s control of a platform rather than targeting particular speech.
Some 170 million Americans use the video app, and some warned that banning the Chinese-owned app would disrupt the business and livelihoods of millions of Americans.
The path forward now depends on how the incoming Trump administration responds as the CEO of TikTok Shou Zi Chew will be seated in a place of honor with other tech leaders at President-elect Trump’s inauguration on Monday.
Moments after the decision, Trump told CNN the fate of TikTok ‘ultimately goes up to me, so you’re going to see what I’m going to do.’
‘Congress has given me the decision, so I’ll be making the decision,’ Trump said but he did not provide details.
In a post on Truth Social, Trump later wrote the decision was respected, 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,’ he posted.
TikTok’s CEO posted a video message on the social media app responding to the decision where he thanked Trump directly and argued they were fighting ‘to protect the constitutional right to free speech.’
‘On behalf of everyone at TikTok and all our users across the country, I want to thanks President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,’ he said.
‘This is a strong stand for the First Amendment and against arbitrary censorship,’ Chew added.
He said TikTok is ‘grateful and pleased to have the support of a president who truly understands our platform.’
Despite the ban set to go into effect on Sunday, President Biden signaled he would not enforce it, leaving it to Trump who takes office Monday.
‘President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,’ the White House said in a statement on Monday.
‘Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,’ outgoing press secretary Karine Jean-Pierre added.
During his first term in office, Trump was among the first to raise concerns that TikTok was a national security threat. But he has since done a complete 180 and changed his tune.
Last month after winning the election, Trump met with TikTok’s CEO at his Mar-a-Lago estate and signaled he wanted to stop the ban.
‘I have a little bit of a warm spot in my heart I’ll be honest,’ Trump told reporters of the video streaming app.
He credits the app for helping him make gains with young people in the 2024 election.
Before their decision, Trump asked the Supreme Court to delay enforcing the ban and mulled an executive order to delay it.
It’s not exactly clear what the app will look like when users go to use it after it’s banned on Sunday.
The app store and internet hosting services have strong incentives to comply with the ban and stop providing TikTok in the U.S. after January 19 as they could face hefty fines with the Justice Department.
While Trump could try to save TikTok from being banned, it would put him at odds with some of his Republican allies in Congress as lawmakers overwhelmingly supported passing the law.
GOP Senator Tom Cotton said that the Supreme Court correctly rejected ‘TikTok’s lies and propaganda masquerading as legal arguments.’
‘ByteDance and its Chinese Communist masters had nine months to sell TikTok before the Sunday deadline. The very fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app,’ Cotton posted on X.
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