The U.S. Supreme Court ruled in favor of a law requiring TikTok to divest its Chinese ownership to avoid a nationwide ban. The court determined that the law, signed by President Biden in April, does not violate the First Amendment rights of the platform and its users.
The U.S. Supreme Court ruled to uphold a law that forces TikTok to divest its Chinese ownership to avert a nationwide ban set to take effect on Sunday,“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the opinion reads.
“Are we supposed to ignore the fact that the ultimate parent is, in fact, subject to doing intelligence work for the Chinese government?” Chief Justice John Roberts asked.President Joe Biden in April signed the law that required ByteDance to sell the U.S. assets of TikTok or see the platform be removed from app stores in the U.S. on Jan. 19, a day ahead of President-elect Donald Trump’s Inauguration.
Much of the ruling centered on whether the law forcing a TikTok sale from ByteDance directly impinged on the free speech rights of the company and users. The high court determined that, while the law did prompt free speech concerns, it ultimately could stand because it targeted speech in a “content-neutral” manner and provided non-content-based rationales.
“Data collection and analysis is a common practice in this digital age,” the high court said. “But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
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