The court's 9-0 decision throws the social media platform - and its 170 million American users - into limbo, and its fate in the hands of Donald Trump, who has vowed to rescue TikTok after returning to the presidency on Monday.
TikTok, ByteDance and some of the app's users challenged the law, but the Supreme Court decided that it did not violate the U.S. Constitution's First Amendment protection against government abridgment of free speech as they had argued.
“My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” Trump said in a social media post.
“I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States,“ Chew said in a statement, while reiterating the company’s free speech claims.
It is possible that TikTok could keep operating on Sunday if the Biden administration clearly states it will not enforce the law in deference to the incoming Trump administration. However, it is not clear if that would convince Apple, Alphabet's Google, Oracle and others not to stop providing key services to TikTok.
'FOREIGN ADVERSARY CONTROL'
Lawmakers and Biden's administration had emphasized national security concerns regarding TikTok, including that China could use it to amass data on the millions of Americans using the app for harassment, recruitment and espionage.
TikTok has become one of the most prominent social media platforms in the United States, particularly among young people who use it for short-form videos, including many who use it as a platform for small businesses.
“Oh my god, I’m speechless,“ said Lourd Asprec, 21, of Houston, who has amassed 16.3 million followers on TikTok and makes an estimated $80,000 a year from the platform. “I don’t even care about China stealing my data. They can take all my data from me. Like, if anything, I’ll go to China myself and give them my data.”
As the Jan. 19 deadline approached, millions of users jumped to other Chinese-owned apps like RedNote, finding they had to decipher its all-Mandarin platform to kickstart their feeds.
Attorney General Merrick Garland said in a statement the ruling affirmed that the law protects U.S. national security.
WHAT HAPPENS NEXT
Biden has not formally invoked a 90-day delay in the deadline as allowed by the law; companies providing services to TikTok or hosting the app could face legal liability.
It is not immediately clear if TikTok's business partners including Apple, Google and Oracle will continue doing business with it before Trump is inaugurated. The law bars providing certain services to TikTok and other foreign adversary-controlled apps including by offering it through app stores such as Apple and Google.
White House Press Secretary Karine Jean-Pierre in a statement reiterated Biden’s position that “TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law.”
A viable buyer could still emerge, or Trump could invoke a law called the International Emergency Economic Powers Act, stating that keeping TikTok is beneficial for national security.
“Beijing needs TikTok more than Washington does,“ said Michael Sobolik, a senior fellow and expert in U.S.-China relations at the Hudson Institute think tank. “With that leverage, Trump has a better chance of getting what he wants: TikTok's continued operation in America without any national security threats.”
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