The United States Supreme Court has dealt a blow to TikTok, upholding a previous ruling banning the app over privacy and national security concerns.

The U.S Court of Appeals for the District of Columbia had previously denied an appeal by TikTok challenging the ban passed by lawmakers. The ban is scheduled to go into effect January 19. The Chinese company brought its case to the Supreme Court, but SCOTUS has upheld the ban, shooting down the company’s First Amendment argument.

“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 justices wrote in an unsigned opinion, via Deadline. “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. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

The legislation, Protecting Americans from Foreign Controlled Applications Act, was passed with bipartisan support and signed into law by President Biden in 2024. The legislation capped a multi-year effort by both the Trump and Biden administrations to ban the Chinese social media platform.

Lawmakers, governmetn officials, and intelligence agencies have grown increasingly concerned about TikTok, both from a privacy and national security standpoint. ByteDance, TikTok’s parent company, used the platform to surveil Forbes journalists. The company has faced multiple lawsuits for violating the privacy of children, and the company is accused of having an uncomfortably close relationship with Beijing. Lawmakers have also accused the platform of fostering election misinformation.

The Donald Trump Factor

Despite being the one who first pushed for a ban on TikTok, Trump has seemingly done an about-face and wants to work out a deal to keep the app operational in the U.S.

In posts on his Truth Social network, Trump said he had spoken Chairman Xi Jinping about a number of topics, including TikTok.

I just spoke to Chairman Xi Jinping of China. The call was a very good one for both China and the U.S.A. It is my expectation that we will solve many problems together, and starting immediately. We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!

While Trump has been more vocal in recent weeks about his desire to strike a deal to save TikTok, he was measured in his response to the Supreme Court’s decision, saying he would need time to review the options.

The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!