Washington — The Supreme Court on Friday upheld a new law that would lead to a ban of the social media platform TikTok, clearing the way for the widely popular app to be forced to shutter in the U.S. as soon as Sunday.
“We conclude that the challenged provisions do not violate the petitioners’ First Amendment rights,” the court said in a unanimous unsigned opinion, which upholds the lower court decision against TikTok.
The court’s opinion comes days before the law, which was passed with bipartisan majorities of Congress last April, is set to take effect. TikTok and a group of content creators who use the app argued the law infringes on their free speech rights, and the Supreme Court heard arguments in their bid to block it one week ago.
Justices Sonia Sotomayor and Neil Gorsuch wrote separately.
“The challenged provisions further an important government interest unrelated to the suppression of free expression and do not burden substantially more speech than necessary to further that interest,” the court said, adding that the law’s requirements that TikTok either divest or face a ban are designed to prevent China from gaining access to the personal data from the app’s U.S. users.
“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. 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’s opinion said.
Called the Protecting Americans from Foreign Adversary Controlled Applications Act, the law requires TikTok to either divest from ByteDance, its parent company, or be cut off from U.S. app stores and hosting services beginning Jan. 19. President-elect Donald Trump, who will be sworn in for a second term on Jan. 20, had urged the court to pause implementation of the law to allow him to pursue a “political resolution” once he takes office.
Congress and the Biden administration have said that TikTok has for years raised national security concerns. Federal employees cannot have the app on their government-issued phones, and a majority of states have barred the platform on state government devices.
With the Supreme Court declining to throw TikTok a lifeline, the immediate effects on access to the app as of Sunday’s deadline aren’t immediately clear. Reuters reported Wednesday that the company planned to shut down the platform for U.S. users once the ban takes effect. Those trying to open the app would be greeted with a pop-up message directing them to a website with information about the new law, according to the report.
Caitlin Yilek is a politics reporter at CBSNews.com, based in Washington, D.C. She previously worked for the Washington Examiner and The Hill, and was a member of the 2022 Paul Miller Washington Reporting Fellowship with the National Press Foundation.
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