Jan 17, 2025
3 mins read
3 mins read

Supreme Court Backs Law Requiring TikTok Divestiture or Ban, Leaves Implementation to Trump Administration

The landmark ruling affirms Congress’s concerns about national security and data privacy, placing the decision on TikTok’s fate in the hands of President-elect Trump.

By yourNEWS Media Newsroom

The U.S. Supreme Court ruled unanimously on January 17 to uphold a federal law mandating the Chinese parent company of TikTok, ByteDance, to divest its ownership of the popular app by January 19 or face a ban in the United States. The decision places responsibility for enforcing the law squarely on the incoming Trump administration.

The law, officially titled the Protecting Americans from Foreign Adversary Controlled Applications Act, was passed with bipartisan support in 2024 and signed by President Joe Biden. It highlights concerns over TikTok’s data collection practices and its susceptibility to influence by the Chinese government. ByteDance indirectly owns TikTok through subsidiaries in China and other nations, though the company denies undue influence by Beijing.

Supreme Court’s Stance on National Security

The court’s opinion underscored the scale and susceptibility of TikTok to foreign adversary control, emphasizing that its vast data collection posed a credible national security risk. Chief Justice John Roberts questioned TikTok’s ties to Beijing, stating, “Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?”

The opinion rejected TikTok’s argument that the law violates the First Amendment. However, Justices Sonia Sotomayor and Neil Gorsuch filed separate opinions expressing reservations. Sotomayor argued the court should have applied a stricter First Amendment analysis, while Gorsuch doubted whether the law would effectively address national security concerns.

Reaction from TikTok and the Biden Administration

TikTok’s legal counsel, Noel Francisco, argued that the law unfairly targets the platform, singling it out for “uniquely harsh treatment.” Despite the arguments, the court sided with Congress, affirming the lower court’s ruling in favor of the law’s constitutionality.

The White House, acknowledging the timing of the decision, stated that implementation would fall to the incoming administration. In a statement, Press Secretary Karine Jean-Pierre remarked, “This Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday.”

Trump’s Response

President-elect Donald Trump, who has been vocal about his concerns regarding TikTok, reacted to the ruling on Truth Social, stating, “The Supreme Court decision was expected, 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. Stay tuned!”

Trump has previously expressed the need for a robust response to data privacy and national security threats posed by foreign-controlled apps. While he has not yet announced his decision, Trump emphasized that Congress had placed the responsibility in his hands.

Broader Implications

Supporters of the law believe it is a necessary step to safeguard U.S. data from potential exploitation by foreign adversaries. The Supreme Court’s ruling affirms that Congress’s national security concerns outweigh TikTok’s claims of First Amendment violations. Critics, however, warn of potential diplomatic and economic repercussions, as ByteDance’s compliance—or lack thereof—will set a precedent for future dealings with foreign technology companies.

As President-elect Trump prepares to take office, the nation waits to see how his administration will navigate the implementation of this high-stakes ruling, which could shape the future of U.S.-China tech relations.