On Friday, the Supreme Court upheld a law mandating TikTok’s parent company, based in China, to divest from the app. This decision paves the way for a ban scheduled to commence on Sunday.
The justices supported the Biden administration, asserting that the divest-or-ban law aligns with the First Amendment. This ruling came just days before President-elect Trump’s inauguration, who had urged a delay for negotiations but faced swift court action instead.
Interestingly, the Biden administration plans to refrain from enforcing the law before the inauguration. This decision appears to leave TikTok operational for now, according to reports from NewsNation, a sister network to The Hill.
In their opinion, the court stated, “Under these circumstances, we find the Government’s data collection justification sufficient to sustain the challenged provisions.” This indicates a strong stance on national security concerns.
Passed with bipartisan support, the law signed by President Biden last April granted ByteDance 270 days to divest or face a U.S. ban. TikTok argues that divestment is impractical and claims it will cease operations on Sunday.
The Supreme court dismissed TikTok’s arguments, siding with the government. The Biden administration emphasized that national security outweighs free speech concerns related to the app’s Chinese connections, which could threaten American data privacy.
This ruling significantly impacts Trump, who requested a delay to negotiate a deal post-inauguration. As the ban looms, Trump has shown increasing support for TikTok, with its CEO planning to attend his inauguration.
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Additionally, Senate Minority Leader Chuck Schumer has voiced support for postponing the impending deadline. However, rather than delay, the court acted rapidly to resolve TikTok’s lawsuit at every stage.
The court’s timeline was notably swift, taking up the case on December 19 and issuing its full opinion just a week later. This efficiency surpasses previous expedited cases involving Trump.
While users with the app won’t lose access immediately, TikTok may eventually become nonfunctional due to restrictions on app stores. Reports suggest that TikTok might shut down entirely if the ban takes effect on Sunday.
ByteDance could reconsider its position and agree to divest, although it maintains this is unrealistic. Notably, several investors, including billionaire Frank McCourt, have shown interest in acquiring TikTok.
If divestment proceeds, President Biden retains the authority to grant a 90-day extension, even with only three days remaining in his term. Regardless, TikTok could resume its normal operations upon completing a sale.
