LAFAYETTE, La. (KPEL News) - The Supreme Court has released its ruling on a law that would either force the sale of the popular app TikTok or force it to be banned in America.

In a unanimous decision, the nation's highest court ruled that the law was constitutional and not in violation of the First Amendment.

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What the Law Requires

Under U.S. law, TikTok parent company ByteDance would have been required to divest itself from China. U.S. lawmakers and national security experts have accused the app of collecting far more private data than is necessary. Because ByteDance's servers are in China, and by law the government monitors all data coming in and out of the country, experts say the Chinese government therefore has access to a lot of private data on Americans who use the app.

After Sunday, app stores will be heavily fined for having the app available in its stores. Internet service providers will also be fined for giving the app access to the Internet, effectively banning it.

What the Supreme Court Says

In its opinion, the Court agreed that there is a national security interest at stake.

“The platform collects extensive personal information...enabling ‘China to track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage'," the opinion states. However, it also essentially told Congress that the legislation did border on triggering a valid First Amendment claim.

“Laws that directly regulate expressive conduct can, but do not necessarily, trigger [First Amendment] review," the Court explained.

In their separate concurring opinions, Justices Sonya Sotomayor and Neil Gorsuch that it's the Court's job to scrutinize the laws that may place undue burdens on expression. Sotomayor wrote that the law did hold up under scrutiny, while Gorsuch agreed there was a national security interest but he is concerned about broader implications.

What It Means for Louisiana

If you're a TikTok user, be prepared to lose access to the app after Sunday.

Currently, the app has millions of users across the country, and that includes here in Louisiana. There are several content creators who have used the app to gather a large following, including some you may recognize from right here in the Bayou State.

 

However, part of the Supreme Court's reasoning is that the law does not limit freedom of expression. Many of these influencers have massive followings across multiple platforms, including Instagram and YouTube.

But if your primary app for short-form videos made by content creators was TikTok, you will need to find a new home.

Could TikTok Still Be Sold?

Yes, the "ban" only applies if parent company ByteDance does not divest from China. The company could still do that (though it's expected that the Chinese government would not allow it). The company could also try to sell the app.

In fact, there was speculation earlier in the week that Chinese officials were considering selling to Elon Musk. The Tesla founder currently owns X, the social media platform formerly known as Twitter.

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