US Supreme Court upholds TikTok ban law
The US Supreme Court has upheld a law that bans TikTok in the US unless its China-based parent company ByteDance sells the platform by this Sunday.
TikTok had challenged the law, arguing it would violate free speech protections for the more than 170 million users it says it has in the US.
But that argument was rejected unanimously by the nationâs highest court, meaning TikTok must now find an approved buyer for the US version of the app or face removal from app stores and web hosting services.
The White House said it would fall to incoming President Donald Trumpâs administration, which takes office on Monday, to enforce the law. Trump vowed to make a decision in the ânot too distant futureâ.
TikTok CEO Shou Zi Chew, who is expected to attend Trumpâs inauguration with other high-profile guests, said he wanted to thank the incoming president for his commitment to work with the app and keep it available in the US.
Both Democratic and Republican lawmakers voted to ban the video-sharing app last year, over concerns about its links to the Chinese government. TikTok has repeatedly stated it does not share information with Beijing.
Passed in April last year, the law allows TikTok owner ByteDance until 19 January 2025 to sell the US version of the platform to a neutral party to avert an outright ban.
It would mean that from Sunday, Apple and Google will no longer offer the app to new users or provide any security updates to current users â which could kill it off eventually.
ByteDance has vowed not to sell TikTok and said it planned to shut US operations of the app on Sunday unless there is a reprieve.
The Supreme Court ruled without any dissenting opinion that the law did not violate the US Constitutionâs First Amendment protection of free speech.
The justices affirmed a lower courtâs decision that upheld the statute after it was challenged by ByteDance.
âThere 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,â the Supreme Court said.
âBut Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTokâs data collection practices and relationship with a foreign adversary.â
âStay tuned!â
Following the Supreme Court ruling, White House press secretary Karine Jean-Pierre said in a statement that President Joe Bidenâs position on TikTok had been clear for months: âTikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.â
But due to the âsheer fact of timingâ, she added, the president recognised âactions to implement the law simply must fall to the next administration, which takes office on Mondayâ.
On Friday, Trump posted on his social media platform Truth Social: âThe Supreme Court decision was expected, and everyone must respect it.
âMy decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!â
He also revealed he had spoken to Chinaâs President Xi Jinping and discussed TikTok, among other issues.
In December Trump said he had a âwarm spotâ for the app as it helped him with young voters in the 2024 election.
Trumpâs comments mark a U-turn on his stance in his first term as president when he aimed to enact a similar ban through an executive order.
âI was homeless before TikTokâ
Content creators, who have been posting farewells to their followers ahead of the looming ban, have been speaking to the BBC about how it could affect their livelihood.
âI went from being a waiter to being able to own a home and it all started with TikTok,â says Drew Talbert, who has more than five million followers.
Kalani Smith has more than three million followers and calls the ban âa slap in the faceâ.
âI was homeless before TikTok and lived in the back of my car. Using TikTok propelled me to where Iâm at now,â he says.
âEveryone is praying for some sort of miracle â it feels like the government has turned their backs on us.â
Kelley Heyer who created the viral Apple Dance to a Charli XCX song, says: âThe government taking away TikTok is essentially the government taking away jobs from millions of people.â
âStrong standâ for free speech
The ban comes at a time of heightened concern in the US about Chinese espionage.
Cybersecurity firms have suggested that the app is capable of collecting usersâ data beyond what they look at on TikTok.
Attorney General Merrick Garland said authoritarian regimes should not have âunfettered accessâ to Americansâ data and that the decision prevented China from âweaponising TikTok to undermine Americaâs national securityâ.
China enacted a law in 2017 that compels Chinese nationals living abroad to co-operate with its intelligence apparatus.
But Beijing has denied it pressures companies to collect information on its behalf and criticised the ban. TikTok has repeatedly stressed it has not been asked for its data.
The app argued the law endangers free speech and would hit its users, advertisers, content creators and employees. TikTok has 7,000 US employees.
Noel Francisco, lawyer for TikTok and ByteDance, told the Supreme Court during arguments that the app was âone of Americaâs most popular speech platformsâ, and said the law would require it to âgo darkâ unless ByteDance sold the app.
Posting on TikTok after the ruling, the appâs CEO said: âThis is a strong stand for the First Amendment and against arbitrary censorship.
âWe are grateful and pleased to have the support of a president [Trump] who truly understands our platform.â
How did we get here?
24 April 2024: Biden signs bipartisan TikTok bill, which gave Chinese parent company, ByteDance, six months to sell its controlling stake or be blocked in the US.
7 May 2024: TikTok files a lawsuit aiming to block the law, calling it an âextraordinary intrusion on free speech rightsâ.
2 August 2024: The US government files a lawsuit against TikTok, accusing the social media company of unlawfully collecting childrenâs data and failing to respond when parents tried to delete their childrenâs accounts.
6 December 2024: TikTokâs bid to overturn a law which would see it banned or sold in the US from early 2025 is rejected by a federal appeals court.
27 December 2024: President-elect Donald Trump asks the US Supreme Court to delay the upcoming ban while he works on a âpolitical resolutionâ.
10 January 2025: The Supreme Courtâs nine justices hear from lawyers representing TikTok and content creators that the ban would be a violation of free speech protections for the platformâs more than 170 million users in the US.
17 January 2025: The US Supreme Court upholds the law that could lead to TikTok being banned within days over national security concerns.
19 January 2025: The deadline for TikTok to sell its US stake or face a ban. TikTok has indicated it will âgo darkâ on this day.