TikTok ban upheld by Supreme Court just days before it goes into effect

OSTN Staff

A hand holds out a phone with the TikTok logo in front of an American flag.

The U.S. Supreme Court has ruled to uphold the forthcoming ban of TikTok, which will see the app phased out of American users’ digital diets starting Jan. 19.

Following a short deliberation, the court’s unanimous decision keeps the Protecting Americans from Foreign Adversary Controlled Applications Act (as it is officially called) in place.

“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 decision says.

Despite several attempts to ban the app over the last few years, this is the first successful move against the China-owned company, which U.S. politicians have repeatedly accused of being a threat to national security.

TikTok filed an emergency motion for injunction in early December, requesting the Supreme Court hear arguments against the decision and halt it going into effect. Organizations like the ACLU have called the ban unconstitutional and a violation of free speech, joining a larger call by users and industry leaders to stop the ban. On Dec. 18, the court formally agreed to hear challenges.

In his final days before leaving office, President Joe Biden has said he will not actively enforce the ban, leaving the decision to implement the ban in the hands of the upcoming Trump administration. President-elect Donald Trump, who will be sworn in for the second time on Monday, Jan. 20, has pledged to save the app from leaving the U.S. market and asked the court to grant a stay for the ban’s deadline.