Supreme Court Bans TikTok In US, Clears Way For App To Shut Down In U.S.

The Supreme Court on Friday upheld a new law that would lead to a ban of the social media platform TikTok, clearing the way for the widely popular app to shutter in the U.S. as soon as Sunday.

"We conclude that the challenged provisions do not violate the petitioners' First Amendment rights," the court said in a unanimous unsigned opinion, which upholds the lower court decision against TikTok. Justices Sonia Sotomayor and Neil Gorsuch wrote separately, with Gorsuch agreeing with the outcome of the case but splitting with the court's reasoning.

What happens to TikTok when the Sunday deadline arrives is still unclear. Following the ruling, the White House said the Biden administration would not enforce the ban on Sunday, and would leave it to the Trump administration. President-elect Donald Trump wrote in a social media post that he would make his "decision on TikTok" in "the not too distant future," but that he "must have time to review the situation."

In a statement provided to CBS News Friday evening, TikTok said that "the statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok's availability to over 170 million Americans. Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19."

The court's ruling comes days before the law, which was passed with bipartisan majorities of Congress last April, is set to take effect. TikTok and a group of content creators who use the app argued the law infringes on their free speech rights, and the Supreme Court heard arguments in their bid to block it one week ago.

"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. 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," the court's opinion said.

"The challenged provisions further an important government interest unrelated to the suppression of free expression and do not burden substantially more speech than necessary to further that interest," the court said, adding that the law's requirements that TikTok either divest or face a ban are designed to prevent China from gaining access to the personal data from the app's U.S. users.

Called the Protecting Americans from Foreign Adversary Controlled Applications Act, the law requires TikTok to either divest from ByteDance, its parent company, or be cut off from U.S. app stores and hosting services beginning Jan. 19. President-elect Donald Trump, who will be sworn in for a second term on Jan. 20, had urged the court to pause implementation of the law to allow him to pursue a "political resolution" once he takes office.

In response to the ruling, Trump wrote on Truth Social that it 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!"

With the Supreme Court declining to throw TikTok a lifeline, the immediate effects on access to the app as of Sunday's deadline aren't clear. Reuters reported Wednesday that the company planned to shut down for U.S. users once the ban takes effect. Those trying to open the app would be greeted with a pop-up message directing them to a website with information about the new law, according to the report.

Many users have begun downloading their videos and data from TikTok in anticipation of a ban and migrating to other platforms, including the Chinese-owned RedNote.

White House press secretary Karine Jean-Pierre said the Biden administration will not begin enforcing the law beginning on Sunday, leaving it to the incoming Trump administration.

"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," she said. "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."

Trump could decline to enforce the ban, but companies like Apple and Google could still potentially face steep fines if they host the app in violation of the law. During arguments last week, the government noted there is a five-year statute of limitations for violations of the law, meaning a future administration could punish offenders.

TikTok CEO Shou Chew said in a video that the company "will do everything in its power to ensure our platform thrives" for users. He also explicitly thanked Trump for "his commitment to work with us to find a solution that keeps TikTok available in the United States."

"We are grateful and pleased to have the support of a president who truly understands our platform, one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process," Chew said.