The U.S. Supreme Court ruled against TikTok on Friday, rejecting the company’s First Amendment challenge to a law that effectively bans it in the U.S. starting Sunday.
The unanimous decision could be a fatal blow to TikTok’s operations in the U.S., where it has become a key source of entertainment and information for 170 million Americans, particularly younger users.
The ruling acknowledged that TikTok provides a unique platform for expression and community, but emphasized that Congress had determined divestiture was necessary to address national security concerns regarding the app’s data collection practices and its connection to a foreign adversary.
President Biden signed the law last spring, following broad bipartisan support in Congress, which argued that TikTok’s ownership posed a security risk. The concern is that the Chinese government could use its oversight of the app to gather sensitive data about Americans or spread disinformation.
While TikTok’s lawyer warned the justices that the app would “go dark” if it lost the case, it remains unclear how quickly a shutdown would occur. App stores like Apple and Google could face severe penalties if they continue to distribute or update TikTok.
The decision was made quickly, with the justices hearing arguments last Friday. The majority seemed convinced that the law targets TikTok’s ownership, not its speech rights. Although TikTok’s lawyer did not dispute the potential security risks, he argued that the government could address them without effectively shutting the app down.
TikTok, driven by its powerful algorithm, has become a cultural sensation, particularly among younger Americans. The app has fueled trends in music, books, and movies and has increasingly served as a news source, shaping discussions on issues like the Israel-Hamas war and the 2024 U.S. election.
The government’s case centered on two main points: preventing covert disinformation from China and stopping the app from collecting private information on Americans. While the court was divided on the disinformation argument, many justices expressed concern that China could exploit the data for espionage or blackmail.
Regulating TikTok became a rare bipartisan issue in the U.S. last year, quickly advancing from introduction to law in about seven weeks. The legislation followed a March 2023 testimony from TikTok CEO Shou Chew regarding the app’s ties to China.
