US Supreme Court upholds TikTok ban, effective Jan. 19

The U.S. Supreme Court on Friday upheld the TikTok ban in the United States, potentially blocking the app for 170 million users starting Sunday.

In a major defeat for TikTok, the court ruled that the law does not violate free speech rights, siding with the U.S. government’s national security concerns over the app’s ownership by Chinese company ByteDance.

The court heard arguments last week from ByteDance, which claimed the law infringed on free speech.

National security concerns

“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,” the justices wrote.

“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,” they added.

The ruling ensures the law will take effect, despite calls from lawmakers across the political spectrum for a delay.

In 2022, Congress passed a law forcing ByteDance to sell the platform or shut it down in the U.S. by Jan. 19. The law followed concerns that the app could be used by China for espionage or propaganda.

White House officials said Friday they would not enforce the ban and would leave the decision to President-elect Donald Trump, who takes office Saturday.

Trump said he discussed TikTok in a phone call with Chinese President Xi Jinping on Friday.

‘Viable deal’ on the table

In a Thursday interview with Fox News, Trump’s incoming national security adviser, Mike Waltz, said the administration would take steps “to keep TikTok from going dark.”

“The legislation allows for an extension as long as a viable deal is on the table,” Waltz said. “That buys President Trump time to keep TikTok going.”

Waltz said the platform has been “a great tool for him and his campaign to get his America First message out” but added that Trump also wants to protect users’ data.

Senate Democratic Leader Chuck Schumer on Thursday called for a delay in the ban.

“It’s clear that more time is needed to find an American buyer and not disrupt the lives and livelihoods of millions of Americans, of so many influencers who have built up a good network of followers,” Schumer said.

To enforce the ban, the U.S. government would direct Apple and Google to remove TikTok from their app stores, preventing new downloads starting the day before Trump takes office.

TikTok lawyer Noel Francisco said the app would “go dark” on Sunday if the justices did not block the ban. Reports said the company is preparing to suspend operations in the U.S.

During his campaign, Trump pledged to save TikTok. His team has been exploring options to delay the ban or save the app.

Once Trump takes office, the law’s enforcement will fall to his attorney general, who could choose not to enforce it or delay its implementation.

TikTok has lobbied aggressively against the law. CEO Shou Chew is expected to attend Trump’s inauguration on Monday.

TikTok did not respond to a request for comment.