Supreme Court Upholds TikTok Ban
Published by The Lawfare Institute
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On Jan. 17, the Supreme Court issued a per curiam decision to uphold the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act. The act—which will make it unlawful for “companies in the United States to provide services to distribute, maintain, or update the social media platform TikTok,” unless TikTok’s Chinese parent company ByteDance divests from the app—is set to take effect on Jan. 19.
“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 acknowledged.
“But,” the Court wrote, “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.” According to the decision, the challenged provisions of the Protecting Americans from Foreign Adversary Controlled Applications Act “do not violate [TikTok’s] First Amendment rights,” and therefore the law is constitutional.
Read the Court’s decision here or below:
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