The Biden administration said Friday it would not actively enforce a federal law banning Chinese-owned social media app TikTok, instead delegating any action to the incoming Trump administration.
The Supreme Court issued a verdict earlier in the day supporting the threatened ban, which is set to take effect on Sunday.
“The administration, like the rest of the country, was waiting for the decision that had just been made US Supreme Court about TikTok. President Biden’s position on TikTok has been clear for months, including since Congress sent a bill to the president’s desk in massive, bipartisan form: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns he has identified. Congress in the development of this legislation,” White House press secretary Karine Jean-Pierre said in a statement shortly after the decision was made.
She added: “Given the mere fact of the timing, this Administration realizes that enforcement actions simply must fall to the next Administration, which takes office on Monday.”
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A US official told the Associated Press on Thursday Biden would not implement a ban that is set to take effect the day before he leaves office. Such a move inadvertently leaves the fate of the social media app in the hands of President-elect Donald Trump and his incoming administration.
President Joe Biden said he would not enforce the TikTok ban after the Supreme Court ruled Friday upholding the federal law. (REUTERS/Kevin Lamarque/file photo)
“There is no question that for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, a means of engagement, and a source of community,” the Supreme Court wrote in its unsigned ruling Friday. “But Congress has determined that takedown is necessary to address well-supported national security concerns about TikTok’s data collection practices and relationship with a foreign adversary.”
READ SUPREME COURT JUDGMENT ON TIKTOK LAW – APPLICATION USERS, CLICK HERE
The court continued: “For the foregoing reasons, we conclude that the challenged provisions do not violate petitioner’s First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.”
The official, who spoke to The Associated Press on condition of anonymity, said the Biden administration would leave enforcement of the law up to Trump. (Getty Images)
Just last year, Congress demanded that TikTok’s China-based parent company, ByteDance, divest itself of the company by January 19. The law was subsequently signed by Biden.
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When the bill passed, Congress specifically highlighted concerns about Chinese ownership of the app, which members said meant the app had weaponization potential or used to collect vast amounts of user data, including from the approximately 170 million Americans who use TikTok.
President Joe Biden said he would not enforce a ban on TikTok after the Supreme Court ruled Friday upholding a federal law that would have banned the Chinese-owned social media app unless it was sold by a Chinese parent company. (Anna Moneymaker)
During oral arguments, lawyers for the Biden administration argued that Chinese ownership of the app posed a “serious” national security risk to American users. TikTok’s lawyers, on the other hand, argued that such a ban limited free speech protections under First Amendment.
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First Amendment challenges must be analyzed under strict scrutiny, which places a greater burden of proof on the government when trying to justify the constitutionality of a law. In this case, the First Amendment protection in question must be crafted to serve a compelling governmental interest, narrowly tailored to achieve that interest.
Fox News Digital’s Breanne Deppisch contributed to this report.
