US Supreme Court Upholds Decision to Ban TikTok
The Supreme Court has upheld the divest-or-ban law meaning TikTok could go dark for millions of Americans on Sunday.
In an 8,000-word decision, the court found that the “Protecting Americans from Foreign Adversary Controlled Applications Act” does not violate the First Amendment because it is content-neutral, targeting TikTok’s data practices rather than speech.
The court applied intermediate scrutiny, finding the Act narrowly tailored to address national security concerns. Alternative remedies proposed by TikTok were deemed inadequate to protect U.S. interests.
The court acknowledges TikTok offers “a distinctive and expansive outlet for expression, means of engagement, and source of community” for 170 million Americans.
But it says that Congress was focused on national security concerns and that is the deciding factor in how it weighs the case.
“Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary,” the court writes.
There was no dissent however Justice Sotomayor emphasized the Act’s implications for expressive activity and Justice Gorsuch expressed reservations about classifying the Act as content-neutral and highlighted the importance of balancing national security with constitutional protections.
It means ban can be enforced on Sunday (January 19) unless TikTok somehow divests its U.S operations over the weekend. A report linking Elon Musk with the app’s purchase surfaced this week but it seems impossible that a deal could take place this weekend.
What Does This Mean for TikTok Users?
Quite how the ban will be enforced and whether Americans will notice remains a mystery. One report suggests that people with TikTok downloaded on their phone will be redirected to a website with information about the ban when they try and open the app. Other reports suggest that it will be immediately deleted from Apple’s App Store and Google Play Store.
On Thursday, a White House official confusing said: “Americans shouldn’t expect to see TikTok suddenly banned on Sunday.” And an official tells AP that the Biden administration won’t enforce the ban and will leave its fate in the hands of President-elect Donald Trump.
Trump has described TikTok as a “fantastic platform” and indicated he wants to find a solution to keep TikTok active in the U.S. However, it’s unclear how his team will accomplish that.
Image credits: Header photo licensed via Depositphotos.
