While the curtain is expected to fall on the popular social media app TikTok, the outgoing U.S. administration said the online video platform should not be under Chinese ownership. A statement on Friday from White House Press Secretary Karine Jean-Pierre regarding TikTok noted that outgoing President Joe Biden’s administration, like the rest of the country, had awaited the decision just made by the U.S. Supreme Court on the TikTok matter.
“President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: 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,” said Jean-Pierre.
The White House spokeswoman noted that given the “sheer fact of timing, this administration recognises that actions to implement the law simply must fall to the next administration, which takes office on Monday.”
The Justice Department also had statements from Attorney General Merrick B. Garland and Deputy Attorney General Lisa Monaco on the Supreme Court’s decision in TikTok.
“The court’s decision enables the Justice Department to prevent the Chinese government from weaponizing TikTok to undermine America’s national security,” said Garland.
Garland also stated that “authoritarian regimes should not have unfettered access” to millions of Americans’ sensitive data.
According to him, the court’s decision affirms that this Act protects the United States’ national security in a manner consistent with the Constitution.
“We welcome today’s decision by the Supreme Court. The Justice Department has long warned about the national security harms from PRC control of TikTok — including the ability to gather sensitive information about tens of millions of Americans and to covertly manipulate the content delivered to them,” said Monaco.
Monaco added, “The court’s ruling also underscores that the bipartisan legislation upheld today is focused on protecting Americans, not restricting free speech. Rather, this legislation is about breaking the ties that bind TikTok to the government in Beijing in a manner consistent with the Constitution.
“The next phase of this effort — implementing and ensuring compliance with the law after it goes into effect on January 19 — will be a process that plays out over time.”
However, the views of the White House and the Justice Department did not sit down well with TikTok. The social media app did not hide its disappointment and frustration about the U.S. authorities’ posturing.
“The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans,” said TikTok on Saturday.
It added, “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.”
What experts think about Supreme Court’s verdict upholding TikTok ban in U.S.
Jameel Jaffer, the executive director of the First Amendment Institute, said, “By permitting the ban to proceed, the Supreme Court has diminished the First Amendment and significantly broadened the government’s authority to limit speech under the guise of national security.”
Monica Haymond, assistant professor of Law at Northwestern University, said, “Any data exfiltrated by TikTok to a server is an intelligence goldmine. The ruling reflects a growing willingness by courts to prioritize national security over free speech concerns.”
Solicitor General Elizabeth Prelogar, representing the Biden administration, said, “The law does not violate the First Amendment rights of TikTok or its users, as it serves a compelling government interest in addressing national security threats.”
Prof Sarah Kreps, an expert on technology policy, stated, “This decision sets a precedent for regulating foreign-owned technology platforms, signalling that national security concerns will increasingly shape digital policy.”
Prof Alan Rozenshtein of the University of Minnesota said, “This decision underscores how courts are grappling with balancing free speech rights against national security risks in the digital age.”
Senator Tom Cotton, an advocate for the TikTok ban, said, “This ruling is a victory for protecting Americans from foreign surveillance and influence through apps like TikTok.”
Professor Danielle Citron, University of Virginia, stated, “The court’s emphasis on data collection reflects an evolving understanding of privacy as a national security issue rather than just an individual concern.”
Other experts also weighed in on the TikTok ban.
Elizabeth Prelogar, a solicitor general, said, “The law does not infringe upon First Amendment rights; it is a necessary measure to protect national security interests that are paramount in today’s digital age.”
Jameel Jaffer, an executive director of the First Amendment Institute, said, “This ruling marks a significant retreat from First Amendment protections, allowing the government to impose broad restrictions on speech under the guise of national security.”
Senator Marco Rubio said, “The Supreme Court’s decision reflects a bipartisan recognition that TikTok poses a real threat to American security and that we cannot allow foreign adversaries to control platforms that influence our citizens.”
Prof Susan Hennessey of the Brookings Institution stated, “This ruling sends a clear message: national security will increasingly dictate how we regulate technology, potentially at the expense of free expression.”
Professor David Cole, ACLU national legal director, said, “The court’s dismissal of free speech concerns raises alarms about the future of digital expression in America, especially as we navigate complex international relationships.”
Justice Samuel Alito of the U.S. Supreme Court added, “The government has a compelling interest in safeguarding its citizens from potential surveillance and manipulation by foreign entities through platforms like TikTok.”
