What Supreme Court TikTok Ruling Means, What's Next, Can Trump Save It?
The Supreme Court on Friday upheld a federal law that would ban the Chinese-owned social media platform TikTok, clearing the way for the shuttering of the app in the U.S. as soon as Sunday.
"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 court wrote in the unsigned ruling.
"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.
"For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed."
Last April, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act with widespread bipartisan support. The law gave TikTok nine months to either divest from its Chinese parent company, ByteDance, or be removed from U.S.-based app stores and hosting services.
Nine months is up.
Supreme Court TikTok ruling
However, Donald Trump will be inaugurated on Monday. As president, Trump could delay the law, or as Fox News reports, "not enforce it vigorously," which would allow TikTok more time to find a buyer.
Trump described a phone call with Chinese President Xi Jinping hours before the Supreme Court decision as "a very good one." Trump has also invited TikTok CEO Shou Chew to attend his inauguration. Chew said he plans to attend.
The truth is that all social media apps are spying on us. Every single one. The difference is that TikTok allows the Chinese Communist Party unprecedented access into our lives.
CHINA - 2021/03/28: In this photo illustration the Chinese video-sharing social networking service company TikTok logo seen on an Android mobile device with People's Republic of China flag in the background. (Photo Illustration by Budrul Chukrut/SOPA Images/LightRocket via Getty Images)
In 2022, BuzzFeed News reviewed over 80 internal TikTok meetings during which it was established that China has access to and stores data from U.S. users.
"Everything is seen in China," a member of the TikTok Trust and Safety department said, according to the finding.
ByteDance had previously claimed that only U.S. employees had access to U.S. user data. However, the report found that U.S. TikTok staffers do not know how to access personal data and do not have permission to do so.
The meetings confirm that engineers in the U.S. have had to rely on the staff in China to provide them with user information. Moreover, one particular Beijing-based engineer "has access to everything." He goes by "Master Admin."
Spooky, spooky.
Could Trump save TikTok?
During oral hearings, lawyers for the Biden administration reiterated the argument that TikTok’s Chinese ownership poses a "grave" national security risk for American users. Congress then cited concerns that the Chinese government could "weaponize" the information it obtains in the U.S.
The same government that covered up Covid-19 and could have saved millions of lives worldwide? No way.
"U.S. Solicitor General Elizabeth Prelogar cited risks that China could weaponize the app, including by manipulating its algorithm to prioritize certain content or by ordering parent company ByteDance to turn over vast amounts of user data compiled by TikTok on U.S. users," Fox News Digital reported on Friday.
Lawyers for TikTok have framed the case as a restriction on free speech protections under the First Amendment, which the company has argued applies to TikTok’s U.S.-based incorporation.
Ultimately, it's hard to fathom that TikTok will not eventually remain active in the United States. The app has over 170 million American users – that equates to a lot of money, reach, and value.
By comparison, X has about 100 million U.S. users.
Someone – maybe a U.S. oligarch, amirite, Joe Biden? – will likely buy the app if need be. There's too much potential not to.
TikTok has (unfortunately) become a news source for Americans under 30. About half of TikTok users (52%) – equivalent to 17% of all U.S. adults – say they regularly get news on the site. TikTok has also surpassed Instagram as the go-to app for Gen Z influencers.
So, even if TikTokers have to switch to RedNote (another Chinese-controlled social media app) for a bit, the expectation here is they will be able to return to TikTok shortly after – if Trump doesn't save the app before going dark in the U.S., that is,