The United States Supreme Court has upheld an impending ban on TikTok, finding that the act of Congress does not violate First Amendment protections on free speech. That leaves the ban set to go into effect starting on Sunday, January 19, though it may not be enforced.
In a per curiam decision, the SCOTUS found that the government had provided adequate justification regarding data collection and national security. That was the impetus for the initial push to ban the app as a bipartisan act in Congress, though TikTok could remain active if it found a buyer in the United States by the deadline. The ban is set to go into effect Sunday, just one day before the incoming inauguration of President-elect Donald Trump.
Though the ban was passed by Congress and signed into law by President Biden last year, Biden has reportedly signaled that he won’t enforce the ban on his last full day in office. That will leave the fate of the app up to Trump, who has said he intends to keep the app available in the US. He has not detailed a specific plan regarding how he’ll circumvent the ban, but he had requested a delay from the court. The law does allow for a 90-day pause if there has been progress toward a sale, and various buyers have reportedly proposed purchasing the app.
TikTok is owned by ByteDance Ltd., which has come under scrutiny for its ties to the Chinese government. At oral arguments, lawyers for ByteDance suggested that finding a buyer would be especially difficult because Chinese law would restrict the sale of its proprietary algorithm, which is the backbone of the app itself. TikTok itself is preparing to simply shut down its US services on Sunday.
TikTok is a social media video sharing app with a massive audience, including a major gaming presence. Video game music and sound effects are often used in remixes, and players often share gaming reactions with the platform.
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