WASHINGTON (AP) — The U.S. Supreme Court ruled Friday to uphold a federal law that will ban TikTok in the United States unless its Chinese owner, ByteDance, divests from the app by Sunday, January 19. The decision, which came after intense arguments, prioritizes national security over First Amendment rights, but leaves several paths forward.
President Joe Biden signed the law in April, stipulating that ByteDance must sell TikTok or face a ban. His administration has voiced concerns over data privacy and the potential for Chinese government influence, but with the deadline now at hand, they've hinted they might not enforce the ban, passing the decision-making to incoming President Donald Trump.
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Trump, who previously sought to ban TikTok during his first term, has since changed his stance, promising to "save" the app. Here are the options moving forward:
Immediate Ban: If no action is taken by Sunday, app stores and internet hosts will no longer support TikTok, effectively banning it in the U.S. However, existing users might still access the app until it becomes unsupported.
Biden's Last-Minute Extension: Biden could use his remaining days in office to grant a 90-day extension if there's progress toward ByteDance divesting from TikTok, though this would require ByteDance to show significant steps towards a sale.
Trump's Intervention: Once in office, Trump could direct the Justice Department not to enforce the ban, though this would leave companies like Apple and Google at risk of fines if they continue supporting TikTok. Alternatively, Trump could negotiate a deal for ByteDance to sell TikTok or seek a political resolution, possibly involving new legislation or a diplomatic agreement with China.
Congressional Action: Congress could repeal the law or pass new legislation to extend the deadline or alter the terms of the ban.
ByteDance Divestiture: ByteDance could comply by selling TikTok to a U.S. entity, though they've been resistant, citing the impact on the app's functionality.
The ruling marks a pivotal moment, highlighting the tension between national security and free speech, with the next moves potentially reshaping tech policy in the U.S.
