WASHINGTON, Jan 17 (Reuters) - The U.S. Supreme Court
ruled against TikTok on Friday in its challenge to a federal law
that would have required the popular short-video app to be sold
by its Chinese parent company ByteDance or banned in the United
States on Jan. 19.
The justices ruled that the law, passed by an overwhelming
bipartisan majority in Congress last year and signed by
Democratic President Joe Biden, did not violate the U.S.
Constitution's First Amendment protection against government
abridgment of free speech. The justices overturned a lower
court's decision that had upheld the measure after it was
challenged by TikTok, ByteDance and some of the app's users.
The Supreme Court acted speedily in the case, having held
arguments on Jan. 10, just nine days before the deadline set
under the law. The case pitted free speech rights against
national security concerns in the age of social media.
TikTok is one of the most prominent social media platforms
in the United States, used by about 270 million Americans -
roughly half the country's population, including many young
people. TikTok's powerful algorithm, its main asset, feeds
individual users short videos tailored to their liking. The
platform presents a vast collection of user-submitted videos,
often under a minute in duration, that can be viewed with a
smart phone app or on the internet.
China and the United States are economic and geopolitical
rivals, and TikTok's Chinese ownership for years has raised
concerns among American leaders. The TikTok fight has unfolded
during the waning days of Biden's presidency - Republican Donald
Trump succeeds him on Monday - and at a time of rising trade
tensions between the world's two biggest economies.
The Biden administration has said the law targets control of
the app by a foreign adversary, not protected speech, and that
TikTok could continue operating as-is if it is freed from
China's control.
During arguments in the case, Justice Department lawyer
Elizabeth Prelogar said Chinese government control of TikTok
poses a "grave threat" to U.S. national security, with China
seeking to amass vast quantities of sensitive data on Americans
and to engage in covert influence operations. Prelogar said
China compels companies like ByteDance to secretly turn over
data on social media users and carry out Chinese government
directives.
TikTok's immense data set, Prelogar added, represents a
powerful tool that could be used by the Chinese government for
harassment, recruitment and espionage, and that China "could
weaponize TikTok at any time to harm the United States."
The law was passed last April. Biden's administration
defended it in court. TikTok and ByteDance, as well as some
users who post content on the app, challenged the measure and
appealed to the Supreme Court after losing on Dec. 6 at the U.S.
Court of Appeals for the District of Columbia Circuit.
Trump's opposition to the ban represents a reversal in
stance from his first term in office when he aimed to prohibit
TikTok. Trump has said he has "a warm spot in my heart for
TikTok," opining that the app helped him with young voters in
the 2024 election.
In December, Trump asked the Supreme Court to put the law on
hold to give his incoming administration "the opportunity to
pursue a political resolution of the questions at issue in the
case." But while Trump has vowed to "save" TikTok, many of his
Republican allies supported the ban.
Mike Waltz, Trump's incoming national security adviser, said
on Thursday the new administration will keep TikTok alive in the
United States if there is a viable deal. Waltz said the incoming
administration would "put measures in place to keep TikTok from
going dark," and cited a provision in the law allowing for a
90-day extension if there is "significant progress" toward a
divestiture.
Senate Democratic leader Chuck Schumer said on Thursday that
TikTok should be given more time to find an American buyer and
that he would work with the Trump administration "to keep TikTok
alive while protecting our national security."
TikTok CEO Shou Zi Chew will attend Trump's inauguration on
Monday, seated among other high-profile invitees.
TikTok has said the law endangers the First Amendment rights
not only of it and its users, but also of all Americans. TikTok
has said that the ban would hit its user base, advertisers,
content creators and employee talent. TikTok has 7,000 U.S.
employees.
Noel Francisco, the lawyer for TikTok and ByteDance, told
the Supreme Court that the app is "one of America's most popular
speech platforms," and said that the law would require it to "go
dark" unless ByteDance executes a qualified divestiture.
TikTok plans to shut U.S. operations of the app on Sunday
barring a last-minute reprieve, people familiar with the matter
told Reuters on Wednesday.
Francisco said the U.S. government's real target with this
law is speech - specifically a fear that Americans could be
"persuaded by Chinese misinformation." But the First Amendment
leaves that up to people of the United States, not the
government, Francisco said.
The law bars providing certain services to TikTok and other
foreign adversary-controlled apps including by offering it
through app stores such as Apple ( AAPL ) and Alphabet's
Google, effectively preventing its continued U.S. use
absent divestiture.