The US Supreme Court dismissed the challenge TikTok has lodged against a federal law, enforcing it’s ban, on Friday.
It will force the app to either sell up its Chinese owner, ByteDance, or risk being banned in the US by January 19.
The measure had passed with bipartisan support and had been signed into law by President Biden.
The court said it didn’t violate the First Amendment. The court reversed the decision by the lower court that had favored the law following the appeal made by TikTok and its users.
The main thrust of the case was in balancing national security concerns and rights to free expression.
It is no surprise that with 270 million users in the United States, TikTok is the heart of the talks around foreign influence and data privacy.
US officials are concerned about Chinese ownership introducing security vulnerabilities to TikTok in form of espionage and data exploitation.
According to Justice Department attorney Elizabeth Prelogar, China may force ByteDance to comply with its demands or private user data.
The administration of President Joe Biden described it as “aimed not at free speech but at keeping a foreign adversary at bay.”
Based on TikTok, this will infringe First Amendment rights. It will do it in addition to afflicting its nearly 7,000 US staffers, creators and users.
This week, according to TikTok, if things do not seem to work as planned, they will shut off their operations to the United States by Sunday.
In addition, the law prohibits giving TikTok permission to access certain services, for example, being distributed through the application stores.
Tiktok in Trump’s presidency
Trump, who will succeed Biden, signaled potential concessions showing a softer approach on TikTok.
The administration may provide a deal that will allow TikTok to stay operational for extra time. The incoming National Security Advisor Mike Waltz told in a statement.
Senate leader Chuck Schumer said he is open to giving TikTok more time to find a buyer in the US.
Shou Zi Chew, the chief executive officer of TikTok, is rumored to be at Trump’s inauguration on Monday.
Moreover, TikTok argues, the law makes a dangerous precedent in prioritizing speech and artistic expression over asserted security concerns.