The US Supreme Court upheld a law to force TikTok’s sale from a Chinese state-owned firm, even as President Biden and President-elect Donald Trump have sought to delay the divestment.
The court’s justices in a unanimous ruling ordered the qualified divestment of the California-based social media platform from China’s ByteDance.
“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,” they wrote in an opinion upholding the DC US Appeals Court ruling.
“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 said.
“For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”
During oral arguments last week, the Supreme Court appeared ready to uphold lower-court rulings, favoring the national security concerns raised by the Biden administration and lawmakers over any free speech concerns.
Solicitor General Elizabeth Prelogar argued that the Protecting Americans from Foreign Adversary Controlled Applications Act was necessary and that Americans’ free speech could be “unrestricted once TikTok is freed from foreign adversary control.”
Congress passed the legislation last April and it was signed into law by Biden, 82, but the retiring commander-in-chief is not expected to enforce it in the final three days of his administration.
Instead, Biden will defer the decision to Trump, 78, when he returns to the White House on Monday, a US official told the Associated Press on Thursday.
TikTok CEO Shou Zi Chew is planning to attend Trump’s inauguration ceremony on Monday — and the incoming president announced within minutes of the high court’s decision Friday that he had discussed the social media app with Chinese President Xi Jinping.
“I just spoke to Chairman Xi Jinping of China,” Trump posted on his Truth Social a little before 9:30 a.m. EST. “The call was a very good one for both China and the U.S.A. It is my expectation that we will solve many problems together, and starting immediately.”
“We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!” he said.
In a Friday floor speech, Senate Majority Leader Chuck Schumer (D-NY) said: “Everyone — the Biden administration, the incoming Trump administration even the Supreme Court — should continue working … to find an American buyer for TikTok, so we can both free the app from any influence and control of the Chinese Communist Party and keep TikTok going, which will preserve the jobs of millions of creators.”
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