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The Biden administration has said it would not enforce the law when it takes effect on Sunday, and it's unclear what the incoming Trump administration will do.
The U.S. Supreme Court upheld Friday a federal law banning TikTok set to go into effect on Sunday unless ByteDance, the platform’s owner, sells the company to a U.S. business.
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In its decision, the court ruled that the national security threat TikTok poses due to connections to the Chinese government is greater than issues regarding freedom of speech brought by the company and its users, according to the Associated Press.
The Biden administration has said it would not enforce the law on Sunday, and it's unclear what the incoming Trump administration will do.
The ban has been criticized by TikTok content creators.
Related: What is RedNote? The TikTok alternative that doesn't allow showing skin or LGBTQ+ content
V Spehar, the nonbinary journalist and creator behind Under the Desk NewsUnder the Desk News, recently told The Advocate that the TikTok bridges gaps between traditional journalism and new media. In fact, many users have gone to the platform for their news.
While the federal government argued in court that the app poses national security risks due to its foreign ownership, Spehar countered that political narratives and a cultural bias against TikTok are overshadowing the real story.
“This isn’t just about TikTok,” Spehar told The Advocate. “It’s about the government setting a precedent that platforms can be shut down without evidence or due process.”
Spehar pointed to the troubling legal journey of the case, highlighting that lower courts upheld the ban without requiring the government to provide evidence accessible to TikTok’s lawyers. “The case relied on secret evidence—documents that weren’t even shared during discovery,” they said. “And the court ruled, ‘We don’t even need to see the evidence because Congress says so.’ That kind of deference to government say-so over a trial or hard proof is terrifying.”
For Spehar, the issue transcends TikTok and raises alarms for the broader media landscape. “If this ban is upheld, it sets the stage for the government to label any platform or entity as a ’national security threat’ without justification,” they warned. “This is a constitutional crisis. The government’s say-so cannot exceed the need for evidence or trials. If this precedent is upheld, it’s a threat to the First Amendment and journalism at large.”
The stakes of the TikTok ban go beyond Spehar’s channel. The app, with its 170 million U.S. users, has become a hub for creators, marginalized voices, and alternative journalism.
“Losing TikTok isn’t just losing an app; it’s losing a platform that amplifies voices traditional media often ignores,” Spehar said. “It’s a place where queer people, women, and people of color hold the most power right now.”
This story is developing...
