Media Production Editor
On Jan. 17, 2025, the Supreme Court unanimously upheld a new law that led to the eventual ban of TikTok, a popular social media platform. The ban went into effect on Sunday, Jan 19. The Supreme Court justices ruled that forcing TikTok’s parent company, ByteDance, to distance or ban does not violate the First Amendment after hearing oral arguments from both sides. TikTok and its users argued that the ban violates their right to free speech, while the government argued that the ban was necessary for national security since ByteDance is a Chinese company.
The law, dubbed the “Protecting Americans from Foreign Adversary Controlled Applications Act,” forces TikTok to divest from ByteDance or be cut from US app stores.
Justice Ketanji Brown Jackson argued that TikTok was “wrong” about accusing the US government of taking away their First Amendment right and said the case is more about the association between ByteDance and TikTok. Justice Brett Kavanaugh used the past example of the US blocking broadcasting companies from being associated with foreign governments to defend the decision. Kavanaugh said, “[TikTok] seems like a huge concern for the future of the country,” given TikTok’s data collection of users in the US. Chief Justice John Roberts said that Congress was more concerned about a “foreign adversary” gathering information about users rather than taking away their free speech.
The Supreme Court did acknowledge the sensitive balance between free speech and national security that has become increasingly addressed within the legislative branch. Last April, the law passed in Congress with rare bipartisan support. “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,” the Supreme Court noted.
The court explained its decision in a unanimous unsigned opinion saying, “We conclude that the challenged provisions do not violate the petitioners’ First Amendment rights.” Trump originally asked the Supreme Court to delay the deadline so he could negotiate a deal, but the court followed through with the Biden Administration’s plan to ban the app. However, the Biden administration announced that it would not enforce the law before the inauguration, leaving TikTok’s fate up to Donald Trump.
On Jan. 18, users saw a pop-up message saying the app was no longer usable and directed them to a website with information on the new law. The app was also removed from app stores across the nation. However, the following morning, the social media platform was available on their website, and the app was fully restored shortly after. Shortly after taking office on Jan 20, President Donald Trump signed an executive order delaying the federal ban on TikTok for 75 days. This order gives his administration “an opportunity to determine the appropriate course forward.” Trump also called for the US to own 50% of the app in a “joint venture with ByteDance.
(Sources: ABC News, CBS news, Forbes, New York Times, NPR, USA Today)
Categories: National