However, Justice Sonia Sotomayor expressed reservations about certain aspects of the decision.
According to Newsweek, the ruling follows a bipartisan effort to ban TikTok due to concerns over national security. The Supreme Court stated in its opinion, "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. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights."
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Last year, Congress passed a law requiring ByteDance, TikTok's parent company based in China, to divest the platform by January 19. ByteDance, however, has indicated that it has no intention of selling the platform. Despite the looming deadline, there is bipartisan support to save the app.
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Senate Democratic Leader Chuck Schumer revealed that he had discussed the possibility of extending the deadline with President Biden. Multiple reports suggest that Biden does not intend to enforce the ban on his final day in office.
Justice Sotomayor, while largely concurring with the Court's decision, disagreed with Part II.A of the Court's per curiam opinion, which addresses the application of the First Amendment to Congress' law. The justices stated that they "assume without deciding" that the parts of the law being challenged are subject to scrutiny under the First Amendment. Sotomayor, however, sees "no reason" to assume without deciding when the Court's precedent "leaves no doubt that it does."
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Despite her reservations, Sotomayor agreed with the Court that the law "survives" the First Amendment challenges raised by TikTok. Justice Neil Gorsuch also wrote a concurring opinion, acknowledging the time constraints the Court faced in making its decision.
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"Given just a handful of days after oral argument to issue an opinion, I cannot profess the kind of certainty I would like to have about the arguments and record before us. All I can say is that, at this time and under these constraints, the problem appears real and the response to it not unconstitutional," Gorsuch said.
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ByteDance, the Chinese technology company that owns TikTok, was founded in 2012. The Supreme Court's ruling referenced the "national security concerns" raised by Congress in its law ordering TikTok to divest or face a ban. The justices found that the law was not a violation of First Amendment rights.
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President-elect Donald Trump, who has previously expressed a "warm spot" for the platform, hinted that he will attempt to prevent a ban. He commented on the Supreme Court decision in a Truth Social post, stating, "The Supreme Court decision 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!"
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White House Press Secretary Karine Jean-Pierre acknowledged the timing of the decision, stating, "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."
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The law passed by Congress allowed for a 90-day pause on the ban if there had been progress toward a sale before it took effect. As the future of TikTok hangs in the balance, the next administration will be tasked with implementing the law.
