Clock ticking for TikTok as US Supreme Court upholds ban
- Reference: 1737134107
- News link: https://www.theregister.co.uk/2025/01/17/scotus_upholds_tiktok_ban/
- Source link:
The SCOTUS issued a rapid [1]decision [PDF] on the matter today, only a week after hearing oral arguments from representatives from TikTok, petitioners supporting the platform, and the federal government. The 27-page unanimous verdict doesn't mince words, concluding that the Protecting Americans from Foreign Adversary Controlled Applications Act ( [2]PFACAA ) doesn't infringe upon the First Amendment rights of TikTok users.
As written, the act is about protecting Americans from Chinese data collection and has nothing to do with constraining free speech, SCOTUS said.
[3]
"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," the court wrote in its decision. "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."
[4]
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"For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights," the justices concluded.
The decision, however, did not sit well with some free speech advocates. "We are disappointed that the Court would uphold such a sweeping restriction on Americans' right to free speech – especially based on speculative 'national security' arguments that the government backed with minimal evidence," Liberty Justice Center president Jacob Huebert said in a statement.
It's not over yet
While the Supreme Court's decision clears the way for the [6]January 19 ban to go into effect, and TikTok has [7]reportedly said it plans to comply with the ruling by shutting down its services in the US, it's still not entirely clear what will happen on Sunday. One thing that may happen is the mobile application vanishing from US app stores.
Biden administration officials, speaking to the press on condition of anonymity, have [8]said the outgoing President doesn't intend to enforce the ban, leaving the matter for President-elect Trump to deal with upon taking office the day after the blockade is set to take effect.
[9]Supreme Court to hear TikTok's appeal against law that would force it to shut, or sell
[10]Facing sale or ban, TikTok tossed under national security bus by appeals court
[11]US House goes bang, bang on TikTok sale-or-ban plan
[12]TikTok ban could escalate US-China trade war, ex-White House CIO tells The Reg
Trump sought to ban TikTok in the States in 2020, but now [13]opposes a blockade. He is [14]said to be working on an executive order to allow the platform to continue to operate in the US while seeking an Uncle Sam-approved American buyer.
"President Trump has recognized the dangerous precedent this ban sets, and we hope he will follow through with his stated intention to reach a deal to save the platform," Huebert said.
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Trump himself has [16]said he "will be making the decision" on whether the app stays or goes in the United States.
As has been the case the entire time, a sale of TikTok to an American entity would require the approval of the Chinese government, as well as Uncle Sam, and it's still unknown whether Beijing would acquiesce to such a move.
It's also not clear how TikTok plans to respond on Sunday when the ban goes into effect and with Biden allegedly planning to kick the can to his successor. We contacted the video-slinger maker to learn more about its next steps, and didn't immediately hear back. ®
Updated to add at 1850 UTC on January 17, 2025
TikTok CEO Shou Zi Chew issued a [17]statement following the Supreme Court decision, offering little insight into how the platform plans to respond to the ruling or what actions it intends to take on Sunday.
Instead of sharing any concrete plans, Chew thanked President-elect Trump "for his commitment to work with us to find a solution that keeps TikTok available in the United States."
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"We are grateful and pleased to have the support of a President who truly understands our platform … connecting with the world and generating more than 60 billion views of his content in the process," he continued. Chew is expected to attend Trump's inauguration along with other tech leaders.
He went on to thank US TikTok users, and said the biz would do everything in its power "to ensure our platform thrives … for years to come," but without mentioning how he intended to do so.
Get our [19]Tech Resources
[1] https://regmedia.co.uk/2025/01/17/scotus-tiktok-decision.pdf
[2] https://www.congress.gov/bill/118th-congress/house-bill/815/text
[3] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=2&c=2Z4rhEheb0I4Tip_FruDAbQAAAAY&t=ct%3Dns%26unitnum%3D2%26raptor%3Dcondor%26pos%3Dtop%26test%3D0
[4] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Z4rhEheb0I4Tip_FruDAbQAAAAY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[5] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Z4rhEheb0I4Tip_FruDAbQAAAAY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[6] https://www.theregister.com/2025/01/14/tik_tok_ban/
[7] https://www.reuters.com/technology/tiktok-preparing-us-shut-off-sunday-information-reports-2025-01-15/
[8] https://apnews.com/article/tiktok-ban-trump-executive-order-1e95d9836bf6f8c0c245ed1c3234d968
[9] https://www.theregister.com/2024/12/19/tiktok_supreme_court_petition_allowed/
[10] https://www.theregister.com/2024/12/06/appeals_court_backs_tiktok_ban/
[11] https://www.theregister.com/2024/03/14/us_congress_passes_tiktok_ban/
[12] https://www.theregister.com/2024/04/26/tiktok_ban_payton/
[13] https://truthsocial.com/@realDonaldTrump/posts/113762718646858742
[14] https://www.nytimes.com/2025/01/16/us/politics/trump-tiktok-executive-order.html
[15] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=4&c=44Z4rhEheb0I4Tip_FruDAbQAAAAY&t=ct%3Dns%26unitnum%3D4%26raptor%3Dfalcon%26pos%3Dmid%26test%3D0
[16] https://www.cnn.com/2025/01/17/politics/tiktok-ban-supreme-court/
[17] https://www.tiktok.com/@tiktok/video/7460937381265411370
[18] https://pubads.g.doubleclick.net/gampad/jump?co=1&iu=/6978/reg_security/front&sz=300x50%7C300x100%7C300x250%7C300x251%7C300x252%7C300x600%7C300x601&tile=3&c=33Z4rhEheb0I4Tip_FruDAbQAAAAY&t=ct%3Dns%26unitnum%3D3%26raptor%3Deagle%26pos%3Dmid%26test%3D0
[19] https://whitepapers.theregister.com/
Impossible to ban?
More good news for VPN service providers?
Re: Impossible to ban?
Needing to sideload the app, and sign-up with a VPN provider, will be enough hassle that 90% of people won't bother.
The 10% that might do it, will soon find it turned into a barren wasteland without new content being created that would be of interest to US audiences.
Re: Impossible to ban?
You really think 10% of people would bother with those hurdles? Not even 1%. Heck I doubt anywhere close to 10% even would know that it was possible to work around the ban, regardless of whether they'd be willing to take those steps. And as you point out pointless because everyone else would be gone.
While the app may get removed from the Google and Apple app stores in the US, are they also going to block access to the TikTok.com website?
As although ive never used and have no intention of using it, I do know you can access TikTok from a web browser but how well it functions compared to the native apps i don't know. But Im guessing if the web version doesn't get blocked then the functionality will get vastly improved if its a work around that people start to use.
Via a browser rather than an app is the only way I will use the admittedly limited presence i have on social media. I have accounts on Facebook, Instagram and Twitter but only ever access them from Firefox using the containers add on so they stay in their own sandbox. And not even logged into any of them yet in 2025.
The social media companies couldn't pay me to install their spyware mobile apps on my phone.
No, and there is nothing stopping those who have the app installed from continuing to use it. I'm not sure but I assume that the ban also prevents influencers from getting paid, and that's what they really care about. If they were allowed to keep using it but no one could make any money it wouldn't affect 99% of users but the whining from the 1% who are affected would be trying to egg the other 99% on into caring.
"Doesn't intent to enforce" is a violation of the President's oath of office. His job is to enforce the laws as enacted by Congress.
Stop gibbering. The Executive branch *always* gets to set priorities, and in this case President Biden has decided that enforcing this stupid ban that the guy who takes office 12 hours after the ban comes into effect has stated he doesn't the ban, is daft. So only a total moron would decide to spend resources on a piece of stupidity, and only an even more total moron would get faux outraged about Joe deciding this ranks about number 457 on the list of top ten things to do on inauguration morning.
His job is to enforce the laws
Are there any countries in which selective enforcement of the law isn't the norm?
His job is to enforce the laws
"The executive power of the United States is vested in the President of the United States. That power includes prosecutorial discretion—the power to prosecute or decline to prosecute."
https://lawreview.richmond.edu/2018/04/08/the-president-prosecutorial-discretion-obstruction-of-justice-and-congress/
The presidential power of prosecutorial discretion is based on several Article II provisions, including the Executive Power Clause, the Take Care Clause, the Oath of Office Clause, and the Pardon Clause. Under Article II, the president may decline to prosecute or pardon certain violators of federal law. The Supreme Court has repeatedly affirmed the broad discretion of the Executive Branch, holding that the decision “[w]hether to prosecute and what charge to file or bring before a grand jury are decisions that generally rest in the prosecutor’s discretion.”
https://journals.law.harvard.edu/jol/2015/10/15/prosecutorial-discretion-holder-memorandum/
Down this path lies madness. If the Executive branch can ignore the Legislative and Judicial, America is no longer America.
America is no longer America.
...and it never was.
Though I thought it was supposed to be "No True Scottsman "...
It wouldn't matter if Trump pinky swore not to enforce the ban
The fines that Apple and Google would be liable for are far too big to risk on any president's word, especially one who is known for changing his mind at the drop of a hat. And there's nothing that would stop a future president from enforcing it, and collecting fines for all the time that it wasn't being enforced and should.
Apple and Google have no choice but to drop it from their app stores on the 19th. It is too risky to do otherwise. If it gets sold or Trump can strong arm his congress into repealing the ban they can always put it back.
Anyway removing it from the app store doesn't stop people who have already got it on their phones from using it. It just stops updates. I imagine the app could work well for a while with that arrangement. Maybe something about iOS 19 next fall would break it, or a future Android update, but they should be fine for a few months.
Don’t be a nob. Enforcement of such a decision cannot happen overnight if due process is to be respected. The idea that Biden should be frantically spending his last day trying to block Tik-Tok is laughable.
nearly tiktok
I was going to install tiktok purely because the usa was banning it. But the instant request for invasive detail put me off.
Im sure Trumps bargaining involves it becoming his personal platform. He's like that.
such a sweeping restriction on Americans' right to free speech
What? Nobody is stopping Americans blathering, they're just want to stop Americans blathering there (loose lips sink ships and all that jazz).
Go find a different service, like Twitch or Lemon8...
Oh those poor influencers will be forced to get real jobs at McDonald's to survive... *LOL*