The Supreme Court affirmed a bipartisan law requiring TikTok's sale to a U.S. entity to address national security concerns. This decision, delivered without dissent, upholds the Protecting Americans from Foreign Adversary Controlled Applications Act, which grants TikTok until early next week to separate from its Chinese parent company, ByteDance, or face removal from U.S. app stores.

The court acknowledged TikTok's significance as a platform for expression and community for over 170 million Americans, but emphasized Congress's determination that divestiture is essential to mitigate national security risks related to data collection and ties to a foreign adversary.

The US Supreme Court building in Washington, D.C.

Congress passed the law last April due to anxieties surrounding potential data exploitation and the app's potential weaponization by the Chinese government. TikTok, ByteDance, and several users subsequently filed a lawsuit contesting the ban on First Amendment grounds. Following a lower court's affirmation of the ban, the Supreme Court expedited its review of TikTok's emergency request.

While President-elect Trump did not immediately react to the ruling, he has the option to postpone its enforcement, potentially providing TikTok more time to secure a buyer. Trump confirmed a phone call with Chinese President Xi Jinping hours before the decision, characterizing it as productive and mentioning TikTok as a topic of discussion. He has also extended an invitation to TikTok CEO Shou Chew to attend his inauguration.

During oral arguments, the Biden administration underscored the serious national security threat posed by TikTok’s Chinese ownership, citing potential manipulation of the algorithm and forced data handover. TikTok’s legal team, conversely, positioned the case as a First Amendment issue, asserting the platform's right to free speech protections. They also argued against the feasibility of divestment due to intellectual property and source code elements located in China.

The TikTok app displayed on a phone screen.

The Supreme Court’s decision aligns with its historical deference to Congress on national security matters. The law was drafted with input from Justice Department officials to enhance its legal robustness. However, President-elect Trump's recent interactions with TikTok's CEO and his request for a delay in the court's decision introduce uncertainty about the ban's ultimate enforcement.

President-elect Trump pictured with the TikTok logo.