SCOTUS Upholds 'Divest or Disappear' TikTok Law as Trump Vows to 'Preserve' Chinese Social Media Platform

The US Supreme Court unanimously rejected a first-amendment challenge brought by TikTok against a recently passed law mandating ByteDance, its parent company, divest from the app or cease operating it. 

ByteDance now has until Sunday to divest from TikTok lest it be granted a one-time 90 day extension by the President. 

President-elect Donald Trump, who’s repeatedly asserted TikTok supported his recent presidential victory, has allegedly claimed he will attempt to ensure the app can continue operating in the US. 

“The Supreme Court decision was expected, and everyone must respect it,” said President Trump in reaction to the SCOTUS ruling. “My decision on TikTok will be made in the not too distant future, but I must have time to review the situation.”

However, National Security adviser Mike Waltz recently claimed Trump would “preserve” TikTok. 

Waltz commented on the TikTok situation in a recent appearance on Fox News, calling the app "a great platform" that Trump will "preserve."

The divestiture law TikTok faces was filed in bipartisan fashion as US Representative Kat Camack (R-FL) joined Representative Raja Krishnamoorthi (D-IL) in drafting the bill.  

The bill classifies TikTok as a “foreign adversary controlled application” given the Chinese Communist Party’s (CCP) control over ByteDance, TikTok’s parent company. 

The CCP’s 2014 Counter-Espionage and 2017 National Intelligence laws respectively mandate all Chinese companies must cooperate with Chinese intelligence efforts and provide any requested data.

Such laws could potentially coerce ByteDance and TikTok to share all of their users’ information with the CCP. 

“We have every right to protect Americans' constitutional rights, data privacy, and national security, and it's only become clear over the last several years how dangerous these foreign-owned tech platforms truly are," said Rep. Cammack.

However, if ByteDance divests from TikTok, the latter will operate independently in the US and consequently be freed from the CCP’s authority. 

It remains unclear whether ByteDance will divest from TikTok, but President Joe Biden has reportedly stated he will leave enforcement of the divestiture law up to Trump.