The justices sided with the Biden administration, finding the divest-or-ban law does not violate the First Amendment just three days before President-elect Trump is set to take office.
Trump had urged the justices to delay the deadline so he could negotiate a deal, but the court instead acted with breakneck speed.
However, the Biden administration does not plan to enforce the law ahead of inauguration, ultimately leaving the decision to Trump and seemingly allowing the app to stay online for the time being.
“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 said in its opinion.
“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 court was unanimous in its judgment, although Justices Sonia Sotomayor and Neil Gorsuch filed separate concurrences.
The law, which was passed by wide bipartisan majorities in Congress and signed by President Biden last April, gave TikTok’s parent company ByteDance 270 days to divest from the app or face a ban from U.S. app stores.
TikTok has argued divestment is not a feasible option and that it will “go dark” as of Sunday. It contended the impending ban infringes on the First Amendment rights of both the company and its 170 million American users.
The court rejected those arguments, instead ruling in favor of the government.
The Biden administration asserted that any free speech concerns are superseded by a national security interest over the app’s ties to China, raising alarm that the Chinese government could access Americans’ data or covertly manipulate TikTok’s content algorithm.
“Under these circumstances, we find the Government’s data collection justification sufficient to sustain the challenged provisions,” the court’s opinion reads.
Read more in a full report at TheHill.com.
