BREAKING: Supreme Court Rules on TikTok Ban

Unsplash/Solen Feyissa

We knew a ruling from the U.S. Supreme Court would likely be handed down Friday on the impending ban of social media app TikTok. Given the expedited timeline necessitated by the January 19 deadline, the question became whether the court would uphold the ban or issue a temporary stay of it, as multiple entities and individuals joined in with the petitioners seeking a reprieve from the ban going into effect, contending the ban constitutes a First Amendment violation.

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However, in a 20-page per curiam opinion, the court upheld the ban. (Justices Sonia Sotomayor and Neil Gorsuch also authored concurring opinions.)

WASHINGTON — The Supreme Court on Friday delivered a blow to TikTok by upholding a law that could potentially lead to the video-sharing social media platform being banned in the United States.

The justices rejected a free speech challenge filed by the company, meaning the law is set to go into effect on Sunday as planned.

The bipartisan law requires China-based TikTok owner ByteDance to divest itself of the company by Sunday, the day before President-elect Donald Trump is to take office. If no sale takes place, the platform used by millions of Americans will in theory be banned.

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The Justice Department had raised two key issues in defending the law: that the Chinese government could exert control over what content users see in order to influence public opinion, and that it could collect sensitive data on millions of American users.

Trump had filed an unusual amicus brief at the court urging it to put the law on hold in the hope that he could “pursue a political resolution” on the issue once in the White House.

During his first term in office, Trump himself tried to ban TikTok but he has since changed his tune. He recently said he had a “warm spot” in his heart for the platform and met with the company’s CEO.

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In upholding the ban, the court noted that:

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. 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.

What comes next remains unclear. RedState will continue to monitor the situation and provide updates as they become available. 

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