The Supreme Court of the United States delivered a unanimous ruling on Friday, affirming a law that compels the sale of TikTok from its Chinese parent company, ByteDance. This decision comes amid efforts by both President Biden and President-elect Donald Trump to halt the divestment process.
All nine justices agreed to mandate that TikTok’s separation from the Beijing-based firm must be completed by January 19. The decision impacts the California-headquartered social media giant, widely popular among Americans.
“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,” stated a central portion of the unsigned opinion.
“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,” the justices added.
“For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”
Two separate concurring opinions were written by Justice Sonia Sotomayor and Justice Neil Gorsuch. Gorsuch noted, “Without doubt, the remedy Congress and the President chose here is dramatic.”
During last week’s oral arguments, Solicitor General Elizabeth Prelogar argued that the Protecting Americans from Foreign Adversary Controlled Applications Act was crucial for national security and that removing foreign control over TikTok would allow Americans’ free speech to be “unrestricted.”
The Court concurred, with Gorsuch emphasizing in his concurrence, “Speaking with and in favor of a foreign adversary is one thing. Allowing a foreign adversary to spy on Americans is another.”
The legislation in question was enacted last April, having been signed into law by President Biden, now 82. However, with Biden nearing the conclusion of his term, he is not expected to oversee its implementation. Instead, enforcement is expected to fall to President-elect Trump, 78, when he takes office on Monday.
“It ultimately goes up to me, so you’re going to see what I’m going to do,” Trump told CNN’s Pamela Brown in a phone interview following the decision.
“Congress has given me the decision, so I’ll be making the decision,” Trump stated.
Under the law, the president has the authority to direct the Justice Department not to enforce the legislation temporarily or to delay the mandate for 90 days while negotiations with a potential U.S.-based buyer are explored.
TikTok’s CEO, Shou Zi Chew, is set to attend Trump’s inauguration on Monday. Shortly before the Supreme Court ruling, Trump revealed that he had spoken with Chinese President Xi Jinping about various matters, including TikTok.
“I just spoke to Chairman Xi Jinping of China,” Trump announced on Truth Social just before 9:30 a.m. ET. “The call was a very good one for both China and the U.S.A. It is my expectation that we will solve many problems together, and starting immediately.”
“We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!” Trump added.
Meanwhile, Senate Majority Leader Chuck Schumer addressed the issue during a floor speech on Friday. “Everyone — the Biden administration, the incoming Trump administration, even the Supreme Court — should continue working … to find an American buyer for TikTok, so we can both free the app from any influence and control of the Chinese Communist Party and keep TikTok going, which will preserve the jobs of millions of creators,” Schumer said.
{Matzav.com}
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