TikTok argued the ban suppresses free speech and imposes an undue burden on the company, and it could not divest from ByteDance due to proprietary technology housed in China, but the Supreme Court unanimously dismissed those arguments. However, President Trump issued an executive order that will allow ByteDance to broker a deal so it wouldn’t have to go dark.
UPDATE: President Donald Trump issued an executive order Monday, January 21, aimed at keeping TikTok operational in the United States while he attempts to broker a deal that could bypass legislative efforts mandating the app sever ties with its Chinese parent company, ByteDance. The order temporarily halted a nationwide ban for 75 days that would force TikTok to divest from its foreign ownership, citing national security concerns over data privacy and potential Chinese government access. The decision underscores the app’s widespread popularity among American users, particularly younger demographics, and highlights the delicate balance between addressing cybersecurity threats and maintaining access to a platform that has become a cultural mainstay.
The move has reignited debate over the role of government in regulating technology with foreign ownership, especially when national security and economic interests collide. Critics argue that the temporary reprieve only delays a necessary reckoning over how much influence foreign companies should have over U.S. digital ecosystems. Supporters of Trump’s executive order, however, see it as a pragmatic approach to finding a resolution that secures American data while preserving access to a platform that supports millions of creators and businesses. The executive order signals a commitment to finding a middle ground, even as lawmakers and security experts continue to push for stronger measures against potential foreign surveillance.
On Friday, the Supreme Court unanimously upheld a federal law banning TikTok in the U.S. unless its Chinese owner, ByteDance, divests the app to an American company. The ruling, which affirms national security concerns over data collection practices, comes just days before the law takes effect.
The Law and National Security Concerns
The Protecting Americans from Foreign Adversary Controlled Applications Act, passed with bipartisan support, gives TikTok until Sunday to comply or face removal from U.S. app stores and hosting services. Congress cited TikTok’s vast user base of 170 million Americans and its collection of sensitive data—ranging from location and contacts to private messages—as a potential risk due to Chinese laws requiring companies to cooperate with government intelligence efforts.
During arguments, U.S. Solicitor General Elizabeth Prelogar highlighted fears that China could weaponize the app, manipulating its algorithm or demanding access to user data. The Court agreed, emphasizing that TikTok’s ownership poses a “grave national security risk” that outweighs any First Amendment concerns.
Narrow Ruling and Precedent
The Court ruled the law to be “content neutral,” meaning it regulates ownership, not speech. It declined to apply strict scrutiny, a high legal standard often used in free speech cases. The decision aligns with historical restrictions on foreign control of U.S. communication infrastructure, such as the Radio Act of 1912, but emphasized that this ruling is specific to TikTok’s unique risks.
TikTok’s Legal Challenges and Uncertain Future
TikTok and its users argued the ban suppresses free speech and imposes an undue burden on the company. TikTok’s lawyers claimed the platform cannot divest from ByteDance due to proprietary technology housed in China, but the Court dismissed these arguments. Lower courts had also upheld the law, and no judge has found it unconstitutional.
While the law takes effect Sunday, enforcement remains uncertain. Outgoing President Joe Biden has said he won’t act on the ban during his last day in office, and incoming President Donald Trump has been ambiguous about his plans. Although Trump has signaled support for TikTok, including hosting CEO Shou Zi Chew at Mar-a-Lago, his administration’s intentions remain unclear.
Broader Implications
The ruling underscores the Supreme Court’s deference to Congress on national security matters and highlights bipartisan concerns over foreign-controlled platforms. However, with a five-year statute of limitations for enforcement, the future of TikTok in the U.S. depends on how the incoming administration navigates this contentious issue.
For now, TikTok faces significant uncertainty, with its continued operation hinging on ByteDance’s ability—or willingness—to divest.
