SOCIAL MEDIA

Supreme Court upholds law banning TikTok if it’s not sold by its Chinese parent company

Jan 17, 2025, 8:19 AM | Updated: 9:58 am

FILE - Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educ...

FILE - Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educational content creator," livestream to TikTok outside the Supreme Court, on Jan. 10, 2025, in Washington. (AP Photo/Jacquelyn Martin, File)
Credit: ASSOCIATED PRESS

(AP Photo/Jacquelyn Martin, File)

WASHINGTON (AP) — The Supreme Court on Friday unanimously upheld the federal law banning TikTok beginning Sunday unless it’s sold by its China-based parent company, holding that the risk to national security posed by its ties to China overcomes concerns about limiting speech by the app or its 170 million users in the United States.

A sale does not appear imminent and, although experts have said the app will not disappear from existing users’ phones once the law takes effect on Jan. 19, new users won’t be able to download it and updates won’t be available. That will eventually render the app unworkable, the Justice Department has said in court filings.

The decision came against the backdrop of unusual political agitation by President-elect Donald Trump, who vowed that he could negotiate a solution and the administration of President Joe Biden, which has signaled it won’t enforce the law beginning Sunday, his final full day in office.

Trump, mindful of TikTok’s popularity, and his own 14.7 million followers on the app, finds himself on the opposite side of the argument from prominent Senate Republicans who fault TikTok’s Chinese owner for not finding a buyer before now.

It’s unclear what options are open to Trump once he is sworn in as president on Monday. The law allowed for a 90-day pause in the restrictions on the app if there had been progress toward a sale before it took effect. Solicitor General Elizabeth Prelogar, who defended the law at the Supreme Court for the Democratic Biden administration, told the justices last week that it’s uncertain whether the prospect of a sale once the law is in effect could trigger a 90-day respite for TikTok.

At arguments, the justices were told by a lawyer for TikTok and ByteDance Ltd., the Chinese technology company that is its parent, how difficult it would be to consummate a deal, especially since Chinese law restricts the sale of the proprietary algorithm that has made the social media platform wildly successful.

The app allows users to watch hundreds of videos in about half an hour because some are only a few seconds long, according to a lawsuit filed last year by Kentucky complaining that TikTok is designed to be addictive and harms kids’ mental health. Similar suits were filed by more than a dozen states. TikTok has called the claims inaccurate.

The dispute over TikTok’s ties to China has come to embody the geopolitical competition between Washington and Beijing.

The U.S. has said it’s concerned about TikTok collecting vast swaths of user data, including sensitive information on viewing habits, that could fall into the hands of the Chinese government through coercion. Officials have also warned the algorithm that fuels what users see on the app is vulnerable to manipulation by Chinese authorities, who can use it to shape content on the platform in a way that’s difficult to detect.

TikTok points out the U.S. has not presented evidence that China has attempted to manipulate content on its U.S. platform or gather American user data through TikTok.

Bipartisan majorities in Congress passed legislation, and President Joe Biden signed it into law in April. The law was the culmination of a yearslong saga in Washington over TikTok, which the government sees as a national security threat.

TikTok, which sued the government last year over the law, has long denied it could be used as a tool of Beijing. A three-judge panel made up of two Republican appointees and a Democratic appointee unanimously upheld the law in December, prompting TikTok’s quick appeal to the Supreme Court.

Without a sale to an approved buyer, the law bars app stores operated by Apple, Google and others from offering TikTok beginning on Sunday. Internet hosting services also will be prohibited from hosting TikTok.

ByteDance has said it won’t sell. But some investors have been eyeing it, including Trump’s former Treasury Secretary Steven Mnuchin and billionaire businessman Frank McCourt. McCourt’s Project Liberty initiative has said it and its unnamed partners have presented a proposal to ByteDance to acquire TikTok’s U.S. assets. The consortium, which includes “Shark Tank” host Kevin O’Leary, did not disclose the financial terms of the offer.

Prelogar told the justices last week that having the law take effect “might be just the jolt” ByteDance needs to reconsider its position.

KSL 5 TV Live

Social Media

A TikTok logo is shown on a phone in San Francisco, Friday, Jan. 17, 2025. (AP Photo/Jeff Chiu)Cred...

BARBARA ORTUTAY

People are hawking TikTok-loaded phones for thousands on eBay

People are listing phones preloaded with TikTok for tens of thousands of dollars on eBay, Facebook marketplace, and other online storefronts.

16 days ago

Republican presidential nominee former President Donald Trump and his running mate Sen. JD Vance, R...

Ramishah Maruf, CNN

Why some Instagram users aren’t able to unfollow Trump and JD Vance

Some Meta users complained that they were forced to follow Trump and Vance's official accounts on Meta platforms, but the company denies doing so.

18 days ago

FILE - Sarah Baus, left, of Charleston, S.C., and Tiffany Cianci, who says she is a "long-form educ...

Mark Sherman, Associated Press

Supreme Court upholds law banning TikTok if it’s not sold by its Chinese parent company

The Supreme Court has upheld the federal law banning TikTok beginning Sunday unless it’s sold by its China-based parent company, holding the risk to national security posed by its ties to China overcomes concerns about limiting speech by the app or its 170 million users in the U.S. A sale does not appear imminent.

24 days ago

Icons for the smartphone apps Xiaohongshu and TikTok are seen on a smartphone screen in Beijing, Tu...

Zen Soo, AP Technology Writer

US TikTok users flock to Chinese app Xiaohongshu in protest with TikTok ban looming

As the threat of a TikTok ban looms, some U.S. TikTok users are flocking to Chinese social media app Xiaohongshu.

25 days ago

The Supreme Court is seen as the court discusses TikTok, Friday, Jan. 10, 2025, in Washington. (AP ...

Haleluya Hadero, AP Business Writer

What will happen to the app on your phone if TikTok gets banned this week

The most frequently asked questions on what will happen if TikTok really gets banned in the U.S.

27 days ago

The Meta logo is seen at the Vivatech show in Paris, France, June 14, 2023....

Kelvin Chan, Barbara Ortutay and Nicholas Riccardi, Associated Press

Meta replaces fact-checking with X-style community notes

Facebook and Instagram owner Meta says it’s scrapping its third-party fact-checking program and replacing it with “community notes” written by users similar to the model used by Elon Musk’s social platform X.

1 month ago

Sponsored Articles

holiday gift basket with blue tissue paper and gingerbread cookies...

Kneaders Bakery & Cafe

Holiday hacks for a stress-free season

Get more out of your time with family and loved ones over the holidays by following these tips for a stress-free season.

2 computer techs in a computer shop holding up a computer server with the "hang loose" sign...

PC Laptops

A comprehensive guide to choosing the right computer

With these tips, choosing the right computer that fits your needs and your budget will be easier than ever.

crowds of people in a German style Christmas market...

This Is The Place Heritage Park

Celebrate Christkindlmarket at This Is The Place Heritage Park!

The Christkindlmarket is an annual holiday celebration influenced by German traditions and generous giving.

Image of pretty woman walking in snowy mountains. Portrait of female wearing warm winter earmuff, r...

Lighting Design

Brighten your mood this winter with these lighting tricks

Read our lighting tips on how to brighten your mood in the winter if you are experiencing seasonal affective disorder.

A kitchen with a washer and dryer and a refrigerator...

Appliance Man

Appliance Man: a trusted name in Utah’s home appliance industry

Despite many recent closures of local appliance stores, Appliance Man remains Utah's trusted home appliance business and is here to stay.

abstract vector digital social network technology background...

Les Olson

Protecting yourself against social engineering attacks

Learn more about the common types of social engineering to protect your online or offline assets from an attack.

Supreme Court upholds law banning TikTok if it’s not sold by its Chinese parent company