China

US Supreme Court Upholds TikTok Divest-Or-Ban Law

JAN 17 2025·Updated JAN 18 2025

Story

Above: In this photo illustration, the TikTok logo is displayed on a phone screen on Nov. 30, 2024 in Melbourne, Australia. Image credit: Asanka Ratnayake/Stringer/Getty Images News via Getty Images

The Facts

The Supreme Court of the US rejected on Friday an appeal from video sharing app TikTok that sought to block the implementation of a law banning the app in the US unless it sold the platform, with justices citing national security concerns in their unanimous judgment.
CNN
CBS News
In their decision, the judges said that while 170M Americans used the Chinese-owned TikTok as a "distinctive and expansive outlet for expression," the concerns of Congress regarding data collection and its relationship with the Chinese government were "well-supported."
The New York Times
Lawyers for the app and their Chinese parent company, Bytedance, argued that the law violated the First Amendment rights of the company. The law requires Bytedance to divest from TikTok or face an app store and hosting ban effective Jan. 19.
CBS News
The White House has said that any implementation of a ban "simply must fall to" the incoming Trump admin., who sent a brief to the court arguing against the ban, saying that he would rather negotiate a deal with TikTok.
The Hill
In his first term, Pres.-elect Donald Trump supported a ban of the app, but stated this week that he is "not opposed" to TikTok. TikTok Chief Executive Officer Shou Chew is expected to attend Trump's inauguration on Monday after meeting with him at Mar-a-Lago in Dec.
CBS News
nytimes
TikTok has steadfastly rejected selling the platform, saying that it is legally prohibited from selling its proprietary algorithm. Justice Neil Gorsuch wrote in a concurring opinion that "what might happen next to TikTok remains unclear."
The Associated Press
The Hill

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The Spin

Pro-establishment narrative

The TikTok divestment bill passed Congress with broad bipartisan margins, and it is right for the Supreme Court to uphold the law. TikTok has been documented spying on journalists and harvesting broad swathes of information, and it could use its powerful algorithm to shift US public opinion. Given the fact that few American social media firms are allowed in China, this law corrects this asymmetry and makes the country more secure.

by Noah Smith

Establishment-critical narrative

This decision saw the Supreme Court stifle free speech in an unprecedented way and stir up anti-China hysteria. A hypothetical threat to national security is no threat at all, and there is scant evidence to support claims that TikTok is spying on Americans. This decision is specious given the dearth of privacy regulations for Americans and the unwillingness of the current and future administrations to enforce it.

Freedom Press