A TikTok ban is set to proceed on Sunday, January 19, after the U.S. Supreme Court unanimously rejected an appeal from the hugely popular social media platform. The court expressed skepticism regarding TikTok's First Amendment challenge, emphasizing the platform's scale and susceptibility to foreign adversary control as justification for the ban.
The Supreme Court's nine justices recognized that data collection is a common practice in the digital age but noted, "TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”
Without political intervention, TikTok is poised to go dark on Sunday. White House press secretary Karine Jean-Pierre stated that President Biden believes TikTok should be available in the U.S. but under American ownership. However, with the timing of the ban, the responsibility to implement the law will fall to President-elect Donald Trump's administration, which will be sworn in on Monday.
The Supreme Court's ruling stated, "There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive 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 regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights."
Trump, who has previously opposed a TikTok ban, could potentially issue an executive order to delay its enforcement for 60 to 90 days once he takes office. On Truth Social, Trump mentioned that he is already in discussions with Chairman Xi Jinping about the ban, among other issues.
It remains uncertain whether China would agree to a full sale of TikTok to a Western buyer, but reports suggest that a complete purchase is an option. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly being considered as an intermediary for potential Western buyers, or he might attempt to purchase TikTok himself.
In the past week, TikTok users have migrated to the Chinese social media app Red Note (Xiaohongshu), which offers a similar user experience. Reuters reported that Red Note gained over 700,000 users in just two days.
The future of TikTok in the U.S. is uncertain: the app must either find a new buyer or cease operations in the country—unless an executive order from the Trump administration intervenes to alter the course of events.
