The US Supreme Court has ruled on the constitutionality of the law that could lead to TikTok being banned from the country unless its Chinese parent company ByteDance decides to sell it. The decision, issued via a per curiam order (without attribution to a specific judge), recognizes the importance of TikTok as a platform for expression and interaction for millions of Americans, but highlights the need to protect national security in relation to practices of data collection and ties to a “foreign adversary.” The ruling confirms the possible exclusion of TikTok from the United States starting January 19, unless extensions or the sale of the company occurs. The Biden administration is expected to suspend enforcement of the law, leaving the decision to the next administration. However, that promise may not be enough to mitigate risks for service providers like Apple, Google and Oracle if they continue to support TikTok after the ban goes into effect.
The Supreme Court specified that the law, applied to TikTok, is “content neutral” and justified by national security reasons, linked to the potential collection of data from American users by China. The judges recognized the validity of the government’s concerns, although they were not convinced by TikTok’s assurances that the Chinese government was unlikely to use the data for intelligence purposes. Despite the ruling, some entities, including billionaire Frank McCourt’s Project Liberty, have shown interest in acquiring TikTok, even without its algorithm (which the parent company is not willing to give up). Uncertainty remains over China’s position on a possible sale, with recent rumors suggesting Elon Musk’s involvement as a buyer or intermediary.
The case raises important questions regarding the balance between freedom of expression and national security. The Court recognized the complexity of the situation, highlighting the need for careful assessment in a context characterized by new technologies with transformative capabilities. Justice Gorsuch, while expressing reservations about the law’s content neutrality, recognized the legitimacy of the government’s concerns and the proportionality of the legislative response. The TikTok affair highlights the growing geopolitical tensions and challenges posed by new technologies in the context of national security and freedom of expression. The final outcome remains uncertain, with possible significant implications for the future of the platform and the global digital landscape.
