Supreme Court Decides Chinese-Owned TikTok's Fate

Elizabeth Troutman Mitchell : Jan 17, 2025
The Daily Signal

ByteDance is TikTok's parent company. It's headquartered in Beijing and subject to Chinese law, which requires companies to make data available to the Chinese Communist Party.

[DailySignal.com] The Supreme Court unanimously decided that TikTok must divest from its Chinese-owned parent company, ByteDance. (Image: Pixabay)

"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 opinion in TikTok v. Garland states. "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."

In the opinion, the high court upheld a law passed by Congress last April that gave TikTok nine months to divest from ByteDance or be removed from US-based app stores.

ByteDance is TikTok's parent company. It's headquartered in Beijing and subject to Chinese law, which requires companies to make data available to the Chinese Communist Party.

On Sunday, it will be illegal for the United States to "provide services to distribute, maintain, or update" TikTok as long as the platform is under Chinese control.

"Speaking with and in favor of a foreign adversary is one thing," Justice Neil Gorsuch wrote in his concurring opinion. "Allowing a foreign adversary to spy on Americans is another."

Two TikTok operating entities and a group of US TikTok users brought a First Amendment lawsuit against the US government to block the Protecting Americans from Foreign Adversary Controlled Applications Act from taking effect.

The US Court of Appeals for the District of Columbia Circuit upheld the law on Dec. 6. TikTok and ByteDance appealed the case to the Supreme Court.

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Elizabeth (Troutman) Mitchell is a reporter for The Daily Signal and co-host of "The Daily Signal Podcast."