The Supreme Court unanimously upheld a federal law on Friday banning TikTok unless its China-based parent company, ByteDance, sells the app. The court ruled that national security concerns outweighed the free speech rights of the app and its 170 million U.S. users.
Beginning Sunday, TikTok will no longer be available for new downloads, and updates will cease, eventually rendering the app unusable, according to the Justice Department. Despite bipartisan support for the law, ByteDance has not secured a buyer, and a sale seems unlikely.
President-elect Donald Trump has vowed to negotiate a resolution, contrasting with President Joe Biden’s administration, which has signaled it will not enforce the law in its final days. White House press secretary Karine Jean-Pierre stated, “TikTok should remain available to Americans, but under ownership that addresses national security concerns.”
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TikTok CEO Shou Zi Chew thanked Trump for his willingness to work toward a solution, expressing optimism about keeping the app operational. However, ByteDance has remained firm in its refusal to sell, despite mounting pressure from U.S. lawmakers and courts.
The law, signed in April, represents years of escalating tensions between Washington and Beijing over TikTok. U.S. officials argue that the app poses a security threat due to ByteDance’s ties to the Chinese government, citing concerns over data collection and algorithm manipulation. TikTok denies these claims, emphasizing that no evidence has been presented to prove misuse of U.S. user data.
Sen. Tom Cotton (R-Ark.) criticized ByteDance’s inaction, tweeting, “The fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app.”
The Supreme Court’s unsigned opinion stated that Congress had ample justification for the ban, citing national security risks. Justices Sonia Sotomayor and Neil Gorsuch filed separate opinions acknowledging reservations but agreed with the ruling. “The remedy Congress and the President chose here is dramatic,” Gorsuch wrote, “but necessary given the risks to Americans’ personal information.”
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The decision has sparked backlash from digital rights advocates. Kate Ruane of the Center for Democracy & Technology called the ruling a blow to free expression, noting the app’s significance for creators and businesses.
“I’m terrified about what this means for my business,” said Desiree Hill, a small business owner in Georgia who relies on TikTok for customer outreach.
Without a sale, app stores operated by Apple and Google will be barred from offering TikTok starting Sunday, and internet hosts will no longer support the app. Despite these restrictions, potential buyers, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest. McCourt’s consortium has reportedly proposed acquiring TikTok’s U.S. assets but has not disclosed financial details.
As the deadline looms, Solicitor General Elizabeth Prelogar suggested the ban might prompt ByteDance to reconsider its position. “Having the law take effect might be just the jolt needed to compel action,” she argued before the court.
READ ALSO: Federal appeals court upholds law mandating TikTok sale or ban in the U.S.
