U.S. Supreme Court upholds federal law banning TikTok

Indianz.Com > News > U.S. Supreme Court upholds federal law banning TikTok

Photo: Nik

Friday, January 17, 2025

Indianz.Com

TikTok, the popular video sharing platform, might soon be disappearing from phones, computers and other devices across the nation following a decision from the U.S. Supreme Court.

In an unsigned opinion, the nation’s highest court on Friday upheld a federal law that bans the distribution of TikTok in the United States. The decision confirmed that the Protecting Americans from Foreign Adversary Controlled Applications Act does not violate the free speech rights of the Chinese company that owns the platform.

“As applied to petitioners, the Act is sufficiently tailored to address the Government’s interest in preventing a foreign adversary from collecting vast swaths of sensitive data about the 170 million U. S. persons who use TikTok,” the per curiam opinion stated.

The ban goes into effect on January 19, only a day before Donald Trump takes office as the 47th president of the United States. In a post on social media, he said he spoke with President Xi Jinping of China about TikTok and other issues.

“It is my expectation that we will solve many problems together, and starting immediately,” Trump said in the post on Friday morning.

Two hours later, following the release of the decision, Trump posted again. He indicated that he might be taking action to address the use of TikTok in the U.S.

“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” Trump stated.

The Protecting Americans from Foreign Adversary Controlled Applications Act passed the U.S. Congress during the 118th legislative session as part of H.R.8038, a national security bill. Republicans and Democrats alike supported the measure, which President Joe Biden signed into law on April 24, 2024.

According to the law, TikTok cannot be used on a “website, desktop application, mobile application, or augmented or immersive technology application” because it is considered a “foreign adversary controlled application.” Should the platform be sold to another party, the ban would presumably not apply.

The law further makes it a crime for others to provide a means to “distribute, maintain, or update (or enable the distribution, maintenance, or updating of) a foreign adversary controlled application.” Penalties would apply to companies, such as Apple or Google, if they allowed distribution of TikTok.

The law contains a 270-day deadline for the ban to take effect. That deadline falls on January 19, 2025.

The Supreme Court heard arguments on January 10. The case is TikTok v. Garland, No. 24–656 and Firebaugh v. Garland, No. 24–657.