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TikTok can be banned, US Supreme Court rules

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TikTok can be banned, US Supreme Court rules

The US Supreme Court on Friday upheld a law that could result in TikTok being banned in the United States this Sunday.

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and broad outlet for expression, a means of engagement, and a source of community,” the court’s unanimous opinion reads. “But Congress has determined that divestment is necessary to address its well-founded national security concerns regarding TikTok’s data collection practices and its relationship with a foreign adversary.”

TikTok did not immediately respond to a request for comment, but the company He recently said he would close the app. Sunday is the deadline for an extension.

For more than five years, US government officials have attempted to ban or force the sale of TikTok, accusing the Chinese-owned company of sharing US user data with the Chinese government and filling feeds with pro-China propaganda. Congress and agencies like the FBI have not provided the public with much information confirming these allegations, but they have pursued a variety of different methods to ban TikTok.

In 2020, former President Donald Trump first attempted to ban TikTok through a failed executive order. Finally, President Joe Biden signed a bill into law on April 24, 2024 that required TikTok’s parent company, Byteance, to sell the app to a US owner by January 19 or remove it from US app stores. In a rush to avoid the ban, TikTok and a group of creators quickly filed lawsuits against the Department of Justice, arguing that the law, the Protecting Americans from Adversaries Controlled Apps Act, Aliens, it violates your First Amendment rights.

In oral arguments Friday, TikTok attorney Noel Francisco and Jeffrey Fisher, who represents the creators, attempted to drive home that point. For the government, Attorney General Elizabeth Prelogar argued that the law did not violate the free speech rights of the defendants and instead separated the Bytedance app and Chinese influence.

“To be sure, the remedy that Congress and the President chose here is dramatic,” Justice Neil Gorsuch wrote in a concurring opinion. “I don’t know if this law will achieve its objectives. A determined foreign adversary may simply attempt to replace one lost surveillance application with another. As time passes and threats evolve, less dramatic and more effective solutions may emerge.”

The law allows Biden to extend the Jan. 19 deadline by an additional 90 days, as long as Bytedance is about to be sold. As of Wednesday, the Biden administration supposedly looking for ways to save the app, but has not revealed anything publicly. The White House did not immediately respond to a request for comment from WIRED on Friday. A handful of US-based financiers have lined up to buy the app, including former Los Angeles Dodgers owner Frank McCourt. Kevin O’Leary or Mr. Wonderful, by shark tank fame, has signed McCourt’s proposal and recently met with Trump at Mar-a-Lago.

“We have a formal offer on the table with ByteDance. We are ready to work with the company and President Trump to close a deal. “Together, we can transition TikTok to clean technology and turn this national security issue into a huge victory for Americans,” McCourt said in a statement in response to Friday’s decision.

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