BY Benjamin ClarkJanuary 18, 2025
3 months ago
BY 
 | January 18, 2025
3 months ago

Supreme Court Affirms Law Banning TikTok Absent Chinese Divestment

On Jan. 17, the U.S. Supreme Court issued a ruling with significant implications for TikTok’s future operations in the United States.

In a unanimous decision, the high court mandated that ByteDance sever its ties with TikTok by Jan. 19, 2025, or discontinue its U.S. operations pursuant to a recently passed federal statute, as the Epoch Times reports.

The law at issue signed on April 24, 2024, by President Joe Biden, targets applications controlled by foreign adversaries, aiming to safeguard American data privacy. This legislative movement stirred significant controversy, climaxing in a Supreme Court challenge brought by TikTok.

TikTok, which operates under the parent company ByteDance, argued that the law infringed on First Amendment rights by singling it out due to its Chinese connections and extensive data collection practices. However, the Court’s assessment concluded that these security concerns justified the law’s strict measures.

The law’s defenders have pointed out ByteDance's obligations under Chinese law to share intelligence, which solidified concerns about foreign control of TikTok.

Key Developments from Supreme Court

The cases titled TikTok Inc. v. Garland and Firebaugh v. Garland were swiftly determined by the justices. Oral arguments were heard on January 10, 2025, with a decision following just a week later.

The unanimous ruling did not disclose the opinion's author but stated that the law does not violate the constitutional rights claimed by TikTok.

This decision came despite ByteDance's efforts to dismiss claims of Chinese influence over its operations.

Contributing to the Court’s opinion, Chief Justice John Roberts emphasized the intent of Congress, stating that the issue was less about TikTok's content and more about Chinese control over the company.

Political Responses and the Future of the Law

The ruling has echoed across political lines. President-elect Donald Trump, who takes office the day after the divestiture deadline, commented on his impending review of the situation, hinting at a potential political solution.

Meanwhile, incoming administration spokesperson Karine Jean-Pierre acknowledged the delicate timing, stressing that the implementation of this law would be a priority for the new president to handle, commencing Jan. 20, 2025.

TikTok’s attorney, Noel Francisco, expressed disappointment, critiquing the law for allegedly imposing uniquely harsh treatment on TikTok due to its Chinese links, a claim that has now been rejected by the judicial system.

Concerns and Concession Among Justices

While the decision was unanimous, Justices Sonia Sotomayor and Neil Gorsuch voiced particular concerns. Sotomayor noted the implications on the First Amendment, while Gorsuch discussed the potential constitutional issues surrounding the use of secret evidence in the Court’s proceedings.

Gorsuch’s statements also reflected ambiguity about the future, suggesting that even with TikTok possibly leaving the U.S. market, other similar security risks could emerge.

The prior ruling by the U.S. Court of Appeals for the District of Columbia Circuit on Dec. 13, 2024, which found the law constitutional, set the stage for the Supreme Court's decision.

User Impact and Global Presence of TikTok

Before the ruling, TikTok boasted around 170 million monthly U.S. users and had become a staple platform for content creation and sharing. Users uploaded more than 5.5 billion videos, attracting over 13 trillion views, underscoring the app’s massive engagement and reach.

The potential cessation of TikTok's operations in the U.S. might not only affect its user base but also the digital and creative economies intertwined with the platform.

As the deadline approaches, all eyes will be on how ByteDance responds and whether a divestiture or an alternative resolution can be achieved to allow TikTok to continue its operations stateside.

Written by: Benjamin Clark

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