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Case file poster: TikTok v. Garland: the Supreme Court and the data-access concern, 2025, tagged Alleged

ALLEGED 17 January 2025 · Case No. 043

TikTok v. Garland: the Supreme Court and the data-access concern

Alleged: Reported or claimed; not established in the public record.

In a per curiam opinion dated 17 January 2025 the US Supreme Court upheld the law requiring TikTok’s US operation to be severed from Chinese control, rejecting a First Amendment challenge. The Court noted that ByteDance is subject to Chinese laws requiring it to “assist or cooperate” with the Chinese government’s “intelligence work”.

Documented

The opinion says its holding rests on the public record, “without reference to the classified evidence” the Government filed. It says that even if China has not yet leveraged its relationship with ByteDance to access users’ data, petitioners offered no basis to call the Government’s determination that it might do so unreasonable.

Claimed, disputed or not established

The opinion does not find that China has accessed US users’ data; the concern is about capability and risk. TikTok and the users challenged the law. This page does not claim any such access occurred.

Sources (opened in a new tab)

  1. US Supreme Court: TikTok Inc. v. Garland, per curiam (PDF) ↗https://www.supremecourt.gov/opinions/24pdf/24-656_ca7d.pdf

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