The US Supreme Court has upheld a law forcing TikTok to divest its Chinese ownership to avoid a nationwide ban set to take effect on Sunday. In an opinion issued Friday.
“There is no doubt that, for more than 170 million Americans, TikTok provides a distinctive and broad outlet for expression, a means of engagement, and a resource for community,” the opinion said.
“But Congress has determined that divestment is necessary to address well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the reasons stated above, we conclude that the contested provisions do not violate the petitioners’ First Amendment rights.”
All nine judges He seemed skeptical TikTok argued that the law violates the First Amendment rights of the platform and its user base of more than 170 million Americans during a hearing last week.
“Are we supposed to ignore the fact that the ultimate parent is actually subject to doing intelligence work for the Chinese government?” asked Chief Justice John Roberts.
TikTok has faced scrutiny for years over its ties to China despite its efforts to allay concerns.
President Joe Biden in April signed the law requiring ByteDance to sell TikTok’s US assets or see the platform removed from US app stores on January 19, one day before President-elect Donald Trump’s inauguration. However, Biden this week He pointed out He will not implement the ban, and will hand the matter over to Trump.
Trump, who tried to ban TikTok during his first term in office, has since changed his mind and recently called on the Supreme Court to Stop implementing the potential ban To allow him to pursue a “political solution” to the issue at hand.
But TikTok’s prospects in the US have looked bleak for some time now.
TikTok filed a lawsuit against the US federal government shortly after Biden signed the legislation into law, calling it unconstitutional.
Federal Court of Appeal last month Ruling against TikTokAnd later too to reject The company requested a postponement of the enforcement of the legislation before the Supreme Court Announce You will review the case.
The Supreme Court opinion upheld a federal appeals court decision by rejecting arguments made by TikTok and creators who use the platform that the law violates their First Amendment right to free speech.
Much of the decision centered on whether the law mandating the sale of TikTok from ByteDance directly impacts the company’s and user’s free speech rights. The court decided that although the law raised concerns about freedom of expression, it could ultimately stand because it targeted expression in a “content-neutral” way and provided non-content-based justifications.
“It is not clear that the law itself directly regulates protected expressive activity, or conduct that includes an expressive element,” the court said. “In fact, the law does not regulate petitioners at all. It directly regulates ByteDance Ltd. and TikTok Inc. only through divestiture requirements.
ByteDance has long said it has no plans to sell the platform’s US assets despite the fact that at least one US buyer has formally declared interest.
Project Liberty, an organization founded by billionaire Frank McCourt, former owner of the Los Angeles Dodgers, and its partners, including Shark Tank investor Kevin O’Leary, I made a formal offer To obtain the US assets of the platform.
This is a developing story. Please check back for updates.