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U.S. Supreme Court Upholds TikTok Ban, Raising Questions on Enforcement

Enforcement of the ban remains uncertain, as there is no precedent for the U.S. government blocking a major social media platform. TikTok has indicated it may “go dark” when the ban takes effect, though questions remain about how the government would implement the restriction.

Jan 17 – The U.S. Supreme Court on Friday ruled that the controversial ban on TikTok can take effect this weekend, rejecting an appeal from the app’s owners, who argued the ban violates the First Amendment.

The decision allows the ban to begin on Sunday, amid concerns over the app’s ties to China, which the Biden administration has labeled a “grave” national security threat.

In its ruling, the court acknowledged TikTok’s role as a major platform for expression and community engagement for 170 million Americans but sided with Congress, emphasizing national security concerns.

“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,” the court stated.

Enforcement of the ban remains uncertain, as there is no precedent for the U.S. government blocking a major social media platform. TikTok has indicated it may “go dark” when the ban takes effect, though questions remain about how the government would implement the restriction.

The Biden administration has signalled that responsibility for enforcing the ban will fall to former President Donald Trump, who will be inaugurated on Monday. White House Press Secretary Karine Jean-Pierre reiterated Biden’s stance that TikTok should remain available to Americans but under non-Chinese ownership to address security concerns.

Meanwhile, TikTok CEO Shou Chew is set to attend Trump’s inauguration alongside other tech leaders, highlighting the significance of the issue for the incoming administration. Some lawmakers suggest the ban could be delayed if TikTok is granted more time to find a buyer. The law allows for a 90-day extension if substantial progress is made toward a sale, but TikTok’s parent company, ByteDance, has not indicated any willingness to divest.

Lawmakers remain divided on the issue. Sen. Richard Blumenthal (D-Conn.) suggested that a sale could be possible if the price is right, while Sen. Josh Hawley (R-Mo.) blamed China for blocking a sale to a U.S. buyer. “It’s entirely up to Beijing,” Hawley said, emphasizing that any new owner should not be subject to Chinese government influence.

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