United States of America: Supreme Court issued ruling upholding enforcement of Protecting Americans from Foreign Adversary Controlled Applications Act

On 17 January 2025, the Supreme Court ruled on TikTok’s appeal, upholding the constitutionality of the Protecting Americans from Foreign Adversary Controlled Applications Act. The Court declined to endorse the government's claim that preventing "covert content manipulation" justified the law, emphasising the First Amendment’s protection of editorial discretion and freedom of speech, even in cases involving foreign entities. It also rejected the use of classified evidence withheld from TikTok and its legal team, citing constitutional concerns about fairness in judicial proceedings. The Court acknowledged the law’s focus on legitimate concerns about TikTok's collection of vast amounts of personal data, which could potentially be accessed by the Chinese government. Evidence highlighted risks such as espionage, blackmail, and intelligence operations stemming from TikTok’s data practices. The Court found alternative measures, such as public warnings or domestic restrictions, to be either ineffective or impractical, with enforcement potentially raising separate constitutional issues. Specifically, the Court upheld the law, distinguishing the right to free speech from the need to protect Americans from foreign surveillance. While recognising the provisional nature of its decision and the evolving nature of such threats, the Court concluded that the Act’s objectives were constitutionally sound and sufficiently tailored to address the identified risks.