The Supreme Court upheld a law on Wednesday forcing TikTok’s Chinese owners to divest from the app or face a ban, paving the way for the app to shut down on Jan. 19.
“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 court held. “But 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 justices held that the ban does not violate the First Amendment rights of TikTok or its users.
“The prohibitions, TikTok-specific designation, and divestiture requirement regulate TikTok based on a content-neutral data collection interest,” the court’s opinion states. “And TikTok has special characteristics—a foreign adversary’s ability to leverage its control over the platform to collect vast amounts of personal data from 170 million U. S. users—that justify this differential treatment.”
The D.C. Circuit previously upheld the law in December, finding Tiktok posed a threat to national security. TikTok shortly after asked the Supreme Court to block it from taking effect.
The company argued the law would “shutter one of America’s most popular speech platforms the day before a presidential inauguration.” In an amicus brief, Senate Majority Leader Mitch McConnell argued the First Amendment “does not apply to a corporate agent of the Chinese Communist Party.”
The justices heard oral arguments on Jan. 10.
In an opinion concurring in judgement, Justice Neil Gorsuch noted the court had only a “fortnight” to resolve the issue.
“Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us,” he wrote. “All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional.”
Trump also filed a brief urging the court to block the law, explaining he is “the right constitutional actor to resolve the dispute through political means” once he takes office.
“The Supreme Court decision was expected, and everyone must respect it,” Trump wrote on Truth Social. “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!”
President Joe Biden signed the law in April.
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