Getty ImagesThe U.S. Supreme Court has upheld a law banning TikTok in the United States unless its China-based parent company, ByteDance, sells the platform by Sunday.
TikTok had challenged the law, arguing it would violate free speech protections for the more than 170 million users it claims to have in the United States.
But that argument was unanimously rejected by the nation’s highest court, meaning TikTok must now find an approved buyer for the US version of the app or risk being removed from app stores and websites. web hosting services.
The White House said it would be up to the administration of new President Donald Trump, which takes office Monday, to enforce the law. Trump has already said he will find a way to save the app.
Democratic and Republican lawmakers voted last year to ban the video-sharing app over concerns about its ties to the Chinese government. TikTok has repeatedly said it does not share information with Beijing.
The law gives TikTok owner ByteDance until January 19 to sell the U.S. version of the platform to a neutral party to avoid an outright ban.
This would mean that starting Sunday, Apple and Google will no longer offer the app to new users or provide security updates to current users – which could potentially kill it.
ByteDance has committed not to sell TikTok.
The Supreme Court ruled, without a dissenting opinion, that the law did not violate the U.S. Constitution’s First Amendment protection against government restriction of free speech.
The justices upheld a lower court’s ruling that upheld the measure after it was challenged by ByteDance.
“There is no doubt that, for more than 170 million Americans, TikTok provides a distinctive and expansive means of expression, a means of engagement, and a source of community,” the Supreme Court said.
“But Congress has determined that divestment is necessary to address its well-founded national security concerns about TikTok’s data collection practices and its dealings with a foreign adversary.”
Following the Supreme Court’s ruling, White House Press Secretary Karine Jean-Pierre said in a statement that President Joe Biden’s position on TikTok has been clear for months: “TikTok should remain accessible to Americans , but simply under U.S. ownership or other ownership that addresses the national security concerns identified by Congress in crafting this law.
But due to “the simple fact of timing,” she added, the president “Action to enforce the law must simply be left to the next administration, which takes office on Monday.”
On Friday, Trump told CNN: “It’s ultimately up to me, so you’ll see what I’m going to do.”
He also revealed on his social media platform Truth Social that he had spoken to Chinese President Xi Jinping and discussed TikTok, among other issues.
In December, he said he had a “hot spot” for the app because it helped him with young voters in the 2024 election.
Trump’s comments mark a reversal from his position during his first term as president as he considered enacting a similar ban by a decree.
Cybersecurity companies have suggested that the app is capable of collecting data on users beyond what they view on TikTok.
China enacted a law in 2017 that requires Chinese nationals living abroad to cooperate with its intelligence services.
But Beijing has denied pressuring companies to collect information on its behalf and criticized the ban. TikTok has repeatedly stressed that it was not asked for its data.
The moves come at a time of growing US concern over Chinese espionage, with TikTok downplaying the ban on federal devices as “political theater.”
