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US lawmakers from both major political parties celebrated a ruling by the Supreme Court on Friday that upheld a law mandating the popular Chinese-owned social media app, TikTok, to be acquired by an American company by Sunday, or face a potential ban.
The justices unanimously ruled that the law, which was passed by Congress last year and signed by Democratic President Joe Biden, did not violate the US Constitution’s First Amendment, which safeguards freedom of speech.
The Supreme Court on Friday (January 17) unanimously upheld a federal law that mandates TikTok be banned starting Sunday unless it is sold by its China-based parent company. The court ruled that the national security risks posed by the app’s connections to China outweigh concerns about limiting free speech for the app and its 170 million US users.
While a sale does not seem imminent, experts noted that while the app will remain functional for current users once the law takes effect, new users will be unable to download it, and updates will no longer be available. Over time, this will render the app inoperable, according to the Justice Department's court filings.
As of now, only President Joe Biden has the authority to grant TikTok a 90-day extension to find a buyer, though the White House suggested that this would be unlikely. “Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday,” the White House stated.
“TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” White House Press Secretary Karine Jean-Pierre said in a statement, noting that actions to implement the law will fall to the new administration.
This ruling is a significant blow for TikTok and for President-elect Donald Trump, who takes office on Monday and has been seeking a last-ditch effort to preserve the app, which he had attempted to ban during his first term.
However, with the clock ticking, it appears that TikTok’s fate lies in the hands of the new administration.
Democratic Representative Frank Pallone praised the ruling, saying, "The Supreme Court’s unanimous decision sends a clear message ... Protecting Americans from Foreign Adversary Controlled Applications Act is the law of the land." Pallone emphasized the security risks posed by TikTok and similar apps, stating, "TikTok and other Beijing-controlled applications present a major threat to our national security."
Republican Senator Tom Cotton also supported the decision, attributing TikTok’s impending ban to its Chinese parent company, ByteDance. “ByteDance and its Chinese Communist masters had nine months to sell TikTok before the Sunday deadline," Cotton said. "The very fact that Communist China refuses to permit its sale reveals exactly what TikTok is: a communist spy app."
In response to the ruling, TikTok CEO Shou Zi Chew released a video thanking President-elect Donald Trump for his pledge to help “find a solution that keeps TikTok available in the United States.” He expressed hope that the incoming administration would work with the company to avoid a ban.
Before the Supreme Court ruling, lawmakers urged continued efforts to find an American buyer for TikTok, to sever ties with China and preserve the jobs of millions of content creators.
Senate Minority Leader Chuck Schumer (D-NY) stressed the importance of keeping TikTok active, saying, “Everyone – the Biden Administration, the incoming Trump Administration, even the Supreme Court – should continue working to find a way to find an American buyer for TikTok, so we can both free the app from any influence and control from the Chinese Communist Party and keep TikTok going, which will preserve the jobs of millions of creators.”
Republican Representative John Moolenaar, chair of the China Select Committee, echoed these sentiments, saying, “If ByteDance cares about its users, the company will come to the table and help us make the deal of the century.”
With the deadline looming, TikTok’s future in the US remains uncertain. Despite previous unsuccessful attempts to ban the app, the latest legal developments underscore the mounting tensions between the US and China over cybersecurity and national security concerns. Whether an American buyer will emerge in time to save TikTok, or if the platform will face the shutdown of its US operations, remains to be seen.
The US Supreme Court on Friday upheld a federal law that mandates TikTok be banned unless its China-based parent company, ByteDance, sells it by Sunday.
The law, signed by President Biden in April, aims to address fears that TikTok’s vast user data, including sensitive viewing habits, could be accessed by the Chinese government. TikTok has denied any misuse of data or manipulation of content by China.
ByteDance has refused to sell TikTok, citing Chinese law restrictions on its proprietary algorithm, which is key to the app's success. Some investors, including former Treasury Secretary Steven Mnuchin and businessman Frank McCourt, have shown interest in acquiring TikTok’s US assets, but ByteDance remains resistant.
Without a sale, the law would prevent TikTok from being available on app stores and internet hosting services starting Sunday. The Supreme Court ruling could prompt ByteDance to reconsider its position, with McCourt’s group ready to work with President Trump to finalize a deal.
(With Reuters contributions)
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