Washington, DC: The US Supreme Court proposed a ban on TikTok, citing national security concerns due to its ties with China, and may proceed this weekend. This decision rejected an appeal from TikTok’s parent company, ByteDance, which argued that the ban violated the First Amendment. The court’s unsigned opinion, issued without dissent, sets the stage for an unprecedented government action against a major social media platform, as reported by CNN.
The ruling was driven by warnings from the Biden administration, which deemed TikTok a “grave” threat to national security. The administration’s concerns center on TikTok’s extensive data collection practices and its connections to the Chinese government.
In its opinion, the court highlighted the platform’s widespread use in the United States, acknowledging that for 170 million Americans, TikTok serves as “a distinctive and expansive outlet for expression, means of engagement, and source of community.” However, national security considerations ultimately outweighed these factors.
The court emphasised, “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.”
These concerns stem from fears that TikTok could allow the Chinese government to access users’ personal information or manipulate content to advance its geopolitical agenda.
The White House reiterated the Biden administration’s stance on TikTok, emphasizing that the app should remain accessible to Americans but simply under American ownership. “The Administration, like the rest of the country, has awaited the decision just made by the US Supreme Court on the TikTok matter. President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: 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. 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,” the White House said in a statement.
US President-elect Donald Trump also reacted to the court ruling in an interview with CNN, said it is “up to him” on the matter after he takes over the presidency. Adding to the complexity, the ruling shifts attention to President-elect Donald Trump, who is set to be inaugurated on Monday. In an interview with CNN’s Pamela Brown after the decision, Trump stated, “It ultimately goes up to me, so you’re going to see what I’m going to do.”
While he has not committed to reversing the ban, Trump hinted at the possibility, saying, “Congress has given me the decision, so I’ll be making the decision.” He also confirmed having spoken with Chinese President Xi Jinping about TikTok, describing their discussion as “a great talk about TikTok and a great talk about many other subjects.”
“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” Trump said in a post on Truth Social
https://truthsocial.com/@realDonaldTrump/113844584193010573
Despite the looming deadline for the ban, TikTok’s future remains uncertain. The Biden administration has signalled that enforcement of the ban will be left to Trump, who will assume office just one day after the ban is set to take effect, according to CNN.
ByteDance, TikTok’s parent company, has resisted selling the app, complicating efforts to find a buyer that satisfies national security concerns. The law allows the president to extend the deadline by 90 days if significant progress is made toward a sale, but ByteDance has not indicated any movement on this front.
TikTok CEO Shou Chew is expected to attend Trump’s inauguration alongside other tech leaders, signalling potential discussions about the app’s fate under the new administration. Meanwhile, some members of Congress have suggested that TikTok may need more time to secure a buyer, potentially delaying the ban.
The court’s decision underscores the national security implications of TikTok’s data practices, which it described as “extensive.” It noted, “The platform collects extensive personal information from and about its users,” and emphasised the government’s “important and well-grounded interest in preventing China from collecting the personal data of tens of millions of U.S. TikTok users.”
The court added, “Data collection and analysis is a common practice in this digital age. But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
Justice Neil Gorsuch, in a concurrence, expressed “serious reservations” about the level of scrutiny applied to the law but concluded that even under a stricter standard, the government had met its burden. “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another,” Gorsuch wrote.
Justice Sonia Sotomayor also wrote separately, agreeing with the court’s decision but expressing concern over its handling of the First Amendment implications. She argued, “The court’s line of cases dealing with the First Amendment leaves no doubt that it does,” CNN reported.
The ruling’s narrow focus on TikTok’s specific circumstances leaves room for different outcomes in future cases involving other platforms or technologies. The court acknowledged the transformative nature of new technologies, referencing an 80-year-old precedent to caution against impeding future developments. “We should take care not to ’embarrass the future,'” the justices wrote. (With inputs from ANI)
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