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Supreme Court upholds law banning TikTok in the U.S.

LEILA FADEL, HOST:

The Supreme Court has upheld a ban on the popular short video app TikTok that takes effect in just two days on Sunday. That's unless the app sells its U.S. operations away from a Chinese company. The court unanimously affirmed a lower court ruling holding that the national security concerns about the app are the No. 1 concern. It's unclear what could come next under President-elect Donald Trump, who once agreed with the ban but how has vowed to save it. NPR's Bobby Allyn joins me now to discuss. Hey, Bobby.

BOBBY ALLYN, BYLINE: Hey, Leila.

FADEL: OK, so what did the court just decide exactly?

ALLYN: The court decided that the national security concerns that Congress established about TikTok are indeed the paramount concern here. And I want to quote sort of the crux of the matter here, which was an opinion. It was unsigned by the court. And they say, quote, "there's no doubt that for the more than 170 million Americans, TikTok offers a distinct and expansive outlet for expression, means of engagement and source of community. But Congress has determined that divestiture is necessary to address its well-supported national security concerns. So basically, what this decision is saying is Congress decided that TikTok is a threat. They said the users said that they have First Amendment concerns, but the Supreme Court here is deferring to the judgment of Congress.

FADEL: Now, the law, as we mentioned, it would go into effect on Sunday. So what exactly would happen?

ALLYN: There's so much uncertainty right now. As you said, in two days, this law takes effect, which means Apple and Google will have to yank TikTok out of app stores, and all of TikTok's web support will have to sever ties with the app or face really, really stiff penalties. We're talking $5,000 per user, and this law applies. The statute of limitations on it is for five years. So the companies that are backing up TikTok, that keep TikTok online, are going to have to act. That said, you know, Biden signed this law. But, you know, he came out with a statement today saying that TikTok should remain available to Americans. So many are trying to make sense of that. On top of that, President-elect Donald Trump says he wants to save the app. So there's just a lot going on here politically.

FADEL: OK, so kind of a dumb question maybe, but come Sunday, if an American wants to open their TikTok app, can they?

ALLYN: We don't know. TikTok has said that it is possible they will go dark on the 19th. TikTok's lawyers said that to the court last Friday, and I was there and heard it. And it was a pretty stunning revelation. The more reporting I did on this, Leila, the more I understood it. And, you know, it's possible that when 170 million Americans open up their app on Sunday, they get a dialogue box that pops up and says this service is no longer available in your region. But it might not. We just don't know exactly how the company is going to respond, but I do know that that is among the many options.

FADEL: OK, now, President-elect Trump, has he said anything about the decision?

ALLYN: I haven't seen any statement yet from President-elect Trump, but the past several months, he has said he will figure out a way to keep TikTok alive. Remember, he started the TikTok ban movement during his first term. Then he flip-flopped and said, you know, TikTok was great in terms of getting the youth vote out. And now he is determined to figure out a way to keep it around in America that could look like, you know, pushing it off for 90 days, which the law allows, or trying to broker some kind of fire sale to bring in some American companies, American investors to try to get China to offload the app and have it under new ownership. But that remains to be seen. And the big question now, Leila, is what happens Sunday? Will it be there? Will it not? We just don't know, but there is just a lot of fear among TikTokkers and a lot of dread on the app.

FADEL: That's NPR's Bobby Allyn. Thank you, Bobby.

ALLYN: Thanks, Leila. Transcript provided by NPR, Copyright NPR.

NPR transcripts are created on a rush deadline by an NPR contractor. This text may not be in its final form and may be updated or revised in the future. Accuracy and availability may vary. The authoritative record of NPR’s programming is the audio record.

Bobby Allyn is a business reporter at NPR based in San Francisco. He covers technology and how Silicon Valley's largest companies are transforming how we live and reshaping society.
Leila Fadel is a national correspondent for NPR based in Los Angeles, covering issues of culture, diversity, and race.