TikTok Inc. v. Garland Revisions: 1/17/25

Background

TikTok Inc., its U.S. operating entities, and groups of U.S. creators and users sued after Congress passed a law making it unlawful for companies in the United States to provide services to distribute, maintain, or update TikTok unless U.S. operation is severed from Chinese control. The law designates TikTok as a “foreign adversary controlled application,” sets a January 19, 2025 effective date, and allows continued operation only after a President-approved divestiture.

Reasoning

The Court assumed without deciding that the law triggers First Amendment review but treated the law as content neutral. Applying intermediate scrutiny, it accepted the Government’s important interest in preventing a foreign adversary from accessing vast amounts of U.S. user data and found the law tailored because it conditions continued operation on a qualified divestiture that severs control and data-sharing ties with China. The Court affirmed the D.C. Circuit and relied on the public record only.

Real world impact

As applied to these petitioners, the ruling permits enforcement of the ban unless and until a divestiture meets the law’s strict conditions, exposing companies that continue to provide TikTok services to civil penalties. The decision affects TikTok’s ability to operate in the United States, potentially interrupting service for roughly 170 million U.S. users, and leaves open future review of different facts or other platforms.

Dissents or concurrances

Justice Sotomayor concurred in judgment but would not assume away First Amendment protection and emphasized TikTok’s editorial and associational roles. Justice Gorsuch concurred in the judgment, stressed national security concerns, and declined to consider the government’s classified materials.