Supreme Court Upholds TikTok Ban as Biden Administration Plans to Delay Enforcement

Supreme Court Upholds TikTok Ban as Biden Administration Plans to Delay Enforcement

By Marcus Bennett

January 18, 2025 at 01:08 PM

The Supreme Court has officially upheld the TikTok ban law while finding it doesn't violate the First Amendment. The Biden administration has indicated it won't enforce the January 19th sale deadline.

Supreme Court at dusk

Supreme Court at dusk

The Supreme Court's unanimous per curiam decision determined that the forced-sale requirement is based on national security concerns rather than content regulation. The Court emphasized that TikTok's unique characteristics—specifically a foreign adversary's ability to collect data from 170 million U.S. users—justify the differential treatment.

President-elect Trump addressed the decision on Truth Social, stating he needs time to review the situation before making his final decision. Meanwhile, a Biden White House official told ABC News that implementation of the ban will fall to the next administration.

Key Points About the Ban:

  • The president can grant a one-time 90-day extension to the divestment deadline
  • TikTok could technically remain operational past January 19th, though removed from app stores
  • Reports suggest TikTok may proactively shut down U.S. operations on Sunday
  • Multiple bids for TikTok's U.S. operations are emerging

The situation remains fluid, with TikTok and ByteDance historically showing skill in negotiations. The rumored proactive shutdown could potentially generate public pressure against the ban as divestment discussions begin.

While the ban law stands, the immediate enforcement timeline remains unclear as the presidential transition approaches. The incoming administration is reportedly considering executive action regarding TikTok, though specific details haven't been revealed.

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