• by Wendy Davis  @wendyndavis, January 17, 2025

Citing concerns over data collection by China, the Supreme Court on Friday unanimously upheld a law that will result in a ban on TikTok unless the company separates from China-based parent ByteDance.

The move means TikTok could shut down as soon as Sunday, unless President Joe Biden or Congress intervenes.

The court said in a 20-page unsigned opinion that the Protecting Americans from Foreign Adversary Controlled Applications Act (H.R. 7521) -- which prohibits app stores from hosting TikTok unless it's sold by Sunday -- is justified by national security concerns stemming from TikTok's ability to collect data about American users.

“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,” the justices wrote. “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.”

Lawmakers who voted in favor of the measure expressed two reasons for doing so -- one was that the Chinese government may be able to access data about TikTok's users, and the second was that China could use the app to spread propaganda.

TikTok and content creators sued last year to invalidate the law, arguing that shutting down a communications platform violates TikTok's free-speech rights as well as the rights of its users.

TikTok attorney Noel Francisco as well as counsel for the users, Jeffrey Fisher, argued last week to the Supreme Court that attempting to outlaw an app due to concerns about content is unconstitutional. The First Amendment typically prohibits the government from attempting to suppress speech based on the ideas expressed.

Congress's “impermissible motive” of preventing propaganda “taints the whole act,” Fisher argued.

The Supreme Court rejected that argument.

“The record before us adequately supports the conclusion that Congress would have passed the challenged provisions based on the data collection justification alone,” they wrote.

“The platform collects extensive personal information from and about its users,” the justices wrote, citing evidence that TikTok collects data including phone numbers, precise locations, social network connections, the content of private messages sent through the app, and videos watched.

“It does not appear that any legislator disputed the national security risks associated with TikTok's data collection practices, and nothing in the legislative record suggests that data collection was anything but an overriding congressional concern,” the justices added.

Digital rights advocates blasted the ruling.

“Protecting the First Amendment rights of the 170 million Americans who use TikTok every day to access news, information and entertainment must take priority over the unproven national-security concerns raised in this case,” Yanni Chen, policy counsel at the group Free Press stated.

Chen added that the court “ignored the extensive record” that Congress intended to regulate the app due to concerns about its content.

“Banning TikTok sets a dangerous precedent that could pave the way to even more government interventions against online speech,” Chen stated.

Morgan Wilsmann, policy analyst at Public Knowledge, added that the ruling gives future administrations “a roadmap to shut down any foreign-affiliated platform or media company they disfavor.”

"There are real national security concerns relating to data collection. But if lawmakers truly cared about the safety of American data, they would pass a comprehensive privacy law and rein in data brokers who profit tremendously from harvesting and selling data to foreign actors without our knowledge,” Wilsmann stated.

TikTok previously indicated that it would shut down Sunday unless the law was struck down.

It's not currently clear whether the company will actually do so.

President Biden has said he won't enforce the law on Sunday -- his last day in office -- but that decision isn't binding on President-elect Donald Trump.

Trump attempted to ban TikTok during his first term in office, but recently expressed support for the company.

TikTok CEO Shou Zi Chew on Friday thanked Trump “for his commitment to work with us to find a solution that keeps TikTok available in the United States.”

“This is a strong stand for the First Amendment and against arbitrary censorship,” Chew said in a video posted to the app.

“We are grateful and pleased to have the support of a president who truly understands our platform -- one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process,” he added.