Now that TikTok has finally reached the end of its legal options in the US to avoid a ban, somehow its future seems less clear than ever.
The Supreme Court couldn’t have been more direct: the Protecting Americans from Foreign Adversary Controlled Applications Act, as applied to TikTok, withstands First Amendment scrutiny and can take effect on January 19th. The court agreed that the government had a compelling national security interest in passing the law and that its rationale was content neutral. The solution proposed — forcing Chinese parent company ByteDance to divest TikTok or see it ousted from the US — was ruled appropriately tailored to meet those ends.
Yet the government’s response hardly feels like a victory lap. In fact, despite being still under ByteDance’s control, it’s not clear that anyone in the US government will even act like TikTok is banned on the 19th.
“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,” White House press secretary Karine Jean-Pierre said in a statement after the Supreme Court ruling today. “Given…