January 17, 2025

In a unanimous decision on Friday, the U.S. Supreme Court upheld a federal law requiring the Chinese-owned social media platform TikTok to be sold by its parent company, ByteDance, or face a nationwide ban. The ruling addresses national security concerns related to data collection practices and potential ties to the Chinese government.

The law, known as the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), mandates that ByteDance divest its ownership of TikTok by January 19, 2025. If the company fails to do so, TikTok will be removed from U.S. app stores, preventing new downloads and updates, which would eventually render the app unusable.

During oral arguments, Solicitor General Elizabeth Prelogar defended the legislation, emphasizing the government’s position that ByteDance’s ownership of TikTok poses a significant national security threat. She highlighted concerns that the Chinese government could potentially access sensitive user data or manipulate content on the platform.

TikTok and ByteDance challenged the law, arguing that it violates the First Amendment rights of the company and its 170 million U.S. users. However, the Supreme Court concluded that the government’s national security interests justify the restrictions imposed by the law.

President-elect Donald Trump has expressed interest in negotiating a resolution to keep TikTok operational in the United States. In an amicus brief filed on December 27, 2024, Trump urged the Court to issue a stay of the law’s divestiture deadline, indicating his intent to address the issue upon taking office.

Major investors, including former Treasury Secretary Steven Mnuchin and billionaire Frank McCourt, have expressed interest in acquiring TikTok’s U.S. assets. Despite this, ByteDance has not agreed to a sale. The Supreme Court’s decision increases pressure on ByteDance to divest its ownership to comply with U.S. law and avoid a ban.

The ruling reflects broader tensions between the U.S. and China, with TikTok symbolizing the geopolitical conflicts between the two nations. As the January 19 deadline approaches, the future of TikTok in the United States remains uncertain, pending potential negotiations or a sale to a U.S.-based company.

Sources:

• Associated Press: Supreme Court upholds law banning TikTok if it’s not sold by its Chinese parent company
• The Wall Street Journal: Supreme Court Appears Skeptical of TikTok’s Arguments Against Ban
• The Verge: TikTok finally scores a win: the Supreme Court will hear its case