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U.S. Supreme Court Enforces TikTok Ban Unless Sold Before Deadline

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In this 2020 photo illustration, the TikTok app is displayed on an Apple iPhone. (Photo Illustration by Drew Angerer/Getty Images)

WASHINGTON — The U.S. Supreme Court has upheld a law banning TikTok unless its parent company, ByteDance, divests the platform by this Sunday. This ruling intensifies scrutiny over national security concerns linked to the app, which boasts around 170 million American users.

The court acknowledged TikTok’s significance as a platform for expression and community but ultimately sided with Congress, emphasizing the need for divestiture to mitigate national security risks. The ruling stated, “The challenged provisions do not violate petitioners’ First Amendment rights.”

A bipartisan law passed last year mandates that ByteDance must sell TikTok to avoid removal from U.S. app stores. Despite TikTok’s legal challenges, the Supreme Court’s decision leaves the company with limited options.

President-elect Donald Trump now faces a nuanced position; previously, he sought to eliminate TikTok during his first term but has shifted to supporting its continuation in the U.S. He indicated plans to address the TikTok situation following his inauguration on Monday.

In a post on his platform, Truth Social, Trump remarked on a conversation with Chinese President Xi Jinping. He expressed optimism about resolving various issues, including the future of TikTok, emphasizing the importance of cooperation.

During his previous administration, Trump initiated moves to ban the app unless it distanced itself from ByteDance, but he reversed that stance in 2022. His attorney general nominee, Pam Bondi, recently avoided directly addressing how the Justice Department might enforce the TikTok ban, citing ongoing litigation.

TikTok’s CEO, Shou Zi Chew, is expected to attend Trump’s inauguration alongside prominent tech leaders like Meta’s Mark Zuckerberg and Amazon’s Jeff Bezos. Chew expressed gratitude for Trump’s commitment to finding a solution that allows TikTok to remain operational in the U.S. He emphasized TikTok’s role in fostering community and self-expression for millions, including over seven million American businesses.

In February 2024, the Director of National Intelligence released a report detailing concerns surrounding TikTok accounts allegedly linked to Chinese propaganda efforts targeting U.S. candidates from both major political parties during the 2022 midterms.

The controversial law mandating TikTok’s sale garnered bipartisan support in Congress, evident from the 352-65 vote in the House in March 2024. Although President Biden signed the law, he has deferred the decision on enforcement to the incoming administration.

White House Press Secretary Karine Jean-Pierre highlighted the administration’s stance, reaffirming that TikTok’s continued availability hinges on ensuring it operates under ownership that addresses identified national security issues. The urgency seems clear, as the responsibility to enforce the law rests with the next president.

Concerns regarding ByteDance’s ties to the Chinese government amplified calls for the divestiture. While TikTok claims to be primarily owned by global investors, 20% remains with its original Chinese founders. Efforts by Democratic senators to extend the divestiture deadline were recently blocked by Republicans, illustrating the divisions within Congress on this contentious issue.

Last updated 11:03 a.m., Jan. 17, 2025