Today- Friday, January 17, 2025 - the US Supreme Court delivered its order upholding the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act, a law passed by Congress and signed by President Joe Biden in April 2024. The Court found that the Act, which effectively bans TikTok in the US unless its Chinese parent company, ByteDance, sells it, does not violate the First Amendment rights of TikTok, its users, or creators.
The decision clears the way for a ban to go into effect on January 19, 2025. Late this evening, TikTok issued a statement saying that “Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.” The White House had previously announced it would not enforce the ban before President Biden leaves office on Monday. Unless Biden takes action, this may set President-elect Donald Trump up to somehow come to TikTok’s rescue.
To learn more about the ruling and what may happen next, Justin Hendrix spoke to Kate Klonick, an associate professor of law at St. John's University and a fellow at Brookings, Harvard's Berkman Klein Center, and the Yale Information Society Project. The conversation also touches on recent moves by Meta’s founder and CEO, Mark Zuckerberg, to ingratiate himself to the incoming Trump administration.
