TikTok says it “will be forced to go dark on January 19” in the United States unless the Biden administration assures service providers that it will not enforce a law banning the Chinese-owned social media app that was upheld by the US supreme court on Friday.
The nine justices voted unanimously in a decision that sides with the majority of the US Congress and the US Department of Justice that the hugely popular social media app is a threat to US national security.
“We conclude that the challenged provisions do not violate petitioners’ first amendment rights,” the justices wrote. “The judgment of the United States court of appeals for the District of Columbia circuit is affirmed.” In December, a Washington DC appeals court upheld the ban.
This means TikTok, which is used by 170 million people in the US, will no longer be available for download in app stores starting on Sunday, unless it sells to an owner in the US, a step it has refused to take.
“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 ruling reads.
TikTok initially responded to the ruling by posting a video featuring the CEO, Shou Zi Chew, to its official account. “On behalf of everyone at TikTok and all our users across the country, I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,” Chew said. Donald Trump has pledged to “save TikTok”.
Chew said Trump’s promise “is a strong stand for the first amendment and against arbitrary censorship” and that he was “grateful and pleased to have the support of a president who truly understands our platform”.
In a statement released late on Friday, TikTok said that vague assurances from the Biden administration that it would leave enforcement to the incoming Trump administration were not good enough.
“The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance” to companies such as Apple and Google, which make the app available to Americans and could be liable for billions of dollars in fines under the law.
“Unless the Biden administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19,” the company said.
The US justice department maintained its position that TikTok is a national security threat and praised the supreme court ruling for protecting the country against foreign adversaries.
“The court’s decision enables the justice department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security,” said Merrick Garland, the attorney general. “We welcome today’s decision by the supreme court. The justice department has long warned about the national security harms from PRC control of TikTok.”
The lawmakers who pushed for the ban say that TikTok, which is owned by the Chinese company ByteDance, has the potential to be used as a weapon by the Chinese Communist party. They say China could use the app to manipulate and control Americans by spreading propaganda and misinformation. The supreme court ultimately agreed.
In their ruling, supreme court justices wrote that the app’s connection to Beijing was sufficient rationale for the ban, “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 ban has caused a huge outcry by creators, first amendment advocates and civil liberties groups. They say banning the app is tantamount to censorship and sets a dangerous precedent in the US.
TikTok has the option to divest or sell its assets to a non-Chinese company. But it has said in legal filings that divestiture “is simply not possible: not commercially, not technologically, not legally”.
The supreme court heard oral arguments in the case last week. The justices spent far more time questioning TikTok about why it believes it should have first amendment rights than asking government lawyers about national security concerns. Noel Francisco, TikTok’s lawyer, argued that the ban was not about China and safety issues, but instead, “the government’s real target, rather, is the speech itself”.
Justice Sonia Sotomayor took issue with that idea. She said the government should be able to say when there is a threat and block it. “We have a right to say ‘you can’t do that, you can’t speak,’” she said.
Last month Trump filed an amicus brief, or “friend of the court” brief, to the supreme court asking the justices the pause the ban. He said he has the “consummate dealmaking expertise” to strike an agreement between TikTok and US lawmakers.
Trump told CNN on Friday: “It ultimately goes up to me, so you’re going to see what I’m going to do. Congress has given me the decision, so I’ll be making the decision.”
Once sworn into office on 20 January, one day after the ban goes into effect, Trump will have the option to direct the justice department to not enforce the law. He is also reportedly exploring an executive order to halt the ban for 60 to 90 days.
Joe Biden’s press secretary said in a statement that the president’s position on TikTok “has been clear for months” – that TikTok should be available to people backed by an owner that doesn’t pose a security threat.
“TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” she said. “Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday.”
Justice Neil Gorsuch wrote in his concurring opinion that “what might happen next to TikTok remains unclear”, alluding to the possibility that Trump might not enforce the ban.
Gorsuch expressed reservations with the law, though he voted to uphold it.
