The Supreme Court declined today to delay the enforcement of the TikTok ban-or-sell law, all but guaranteeing social media app will cease operating in the U.S. on Sunday.
The company had requested the Supreme Court issue a temporary injunction against the Protecting Americans from Foreign Adversary Controlled Applications Act (the Act), which requires TikTok to divest from its Chinese parent company, ByteDance, in order to continue operating in the United States.
TikTok spent most of last year trying to get the law thrown out, with no success. In December, the D.C. Circuit Court of Appeals became the highest court to find the law unconstitutional. The Supreme Court’s unanimous decision upholds the D.C. Circuit’s ruling — and echoes many of the circuit judges’ arguments.
The Act in question could prevent 170 million American TikTok users from expressing themselves on TikTok. For it to be constitutional, the federal government had to convince the Supreme Court that it 1) serves a legitimate government interest and 2) violates as few rights as possible in achieving that interest.
In an unsigned majority opinion, the justices found the government’s concern about TikTok’s extensive data collection, and China’s interest in that data, legitimate. The opinion reads, in part:
The justices further concluded the Act was narrowly tailored because it doesn’t require TikTok to leave the U.S. — only cut ties with its Chinese ownership.
Justices Sotomayor and Gorsuch wrote concurring opinions finding that the Act placed a higher burden on free speech than the majority. Still, Justice Gorsuch concluded:
Gorsuch specifically references TikTok’s ability to access non-users’ data:
The ruling, while not unexpected, puts legislators in a tough position. Many, including those who supported the law, don’t want to assume blame for kicking 170 million American TikTok users off their favorite app.
President-elect Trump, in particular, appears motivated to extend the Act’s deadline so TikTok has more time to find an American buyer. He will be inaugurated just one day after TikTok shuts down.
According to Alan Rozenshtein, former national security advisor to the Justice Department, Mr. Trump could achieve this goal by encouraging Congress to repeal the law or instructing his would-be Attorney General, Pam Bondi, not to enforce it.
Absent a guarantee that the law will not be enforced, its unlikely app stores will continue to host TikTok — even for one day. The Act promises to fine uncompliant app stores up to $5,000 dollars for every user that accesses TikTok after the shutdown deadline.
Both President Biden and Mr. Trump have also considered delaying TikTok’s shutdown date with an executive order, multiple outlets report. An anonymous White House official told Politico this strategy is likely illegal:
The official continued:
The next couple of days promise to be interesting. One thing that won’t change? TikTok is bad for your kids. Check out the articles below to find out why.
Additional Articles and Resources
TikTok Scrambles Amid Looming Ban
Plugged In Parent’s Guide to Today’s Technology equips parents to navigate the ever-shifting tech realm.
TikTok Dangerous for Minors — Leaked Docs Show Company Refuses to Protect Kids
Teen Boys Falling Prey to Financial Sextortion — Here’s What Parents Can Do
Instagram’s Sextortion Safety Measures — Too Little, Too Late?
Kid’s Online Safety Act — What It Is and Why It’s a Big Deal
Instagram Content Restrictions Don’t Work, Tests Show
Zuckerberg Implicated in Meta’s Failures to Protect Children
Surgeon General Recommends Warning on Social Media Platforms
‘The Dirty Dozen List’ — Corporations Enable and Profit from Sexual Exploitation
Four Ways to Protect Your Kids from Bad Tech, From Social Psychologist Jonathan Haidt
Parent-Run Groups Help Stop Childhood Smartphone Use
Survey Finds Teens Use Social Media More Than Four Hours Per Day — Here’s What Parents Can Do
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