US Supreme Court upholds law banning TikTok unless it’s sold by Chinese parent company

The qualified divestment was ordered by the nine justices by January 19 of the California-based social media platform from Beijing-based ByteDance. “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,” the key portion of the unsigned opinion read, according to New York Post.

“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,” it added. “For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

‘The remedy Congress and the President chose here is dramatic’

Separate concurring opinions were filed by liberal Sonia Sotomayor and conservative Neil Gorsuch. “Without doubt, the remedy Congress and the President chose here is dramatic,” Gorsuch wrote.

Last week, Solicitor General Elizabeth Prelogar had argued in court that the Protecting Americans from Foreign Adversary Controlled Applications Act was needed and that free speech of Americans could be “unrestricted once TikTok is freed from foreign adversary control.”

The justices agreed. Gorsuch concluded his concurrence saying, “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another.”

The legislation was passed last April by Congress, following which Biden signed it into law. However, the retiring president is not expected to enforce it before he resigns, but will defer the decision to Trump. Under the law, the president can order the Justice Department not to enforce the law for a period of time, or can even suspend the divest or ban mandate taking effect for 90 days so as to allow negotiation with a US-based buyer.