A ban on TikTok is scheduled to take effect on Sunday, January 19, following the U.S. Supreme Court's unanimous rejection of the platform's appeal. The Supreme Court expressed skepticism regarding TikTok's First Amendment challenge, leading to the decision. The justices recognized that data collection is widespread in the digital age but highlighted TikTok's unique situation due to its scale, potential for foreign control, and the extensive sensitive data it gathers. These factors, they stated, justify special measures to address national security concerns.
TikTok may go dark in the U.S. on Sunday. Photo by Dominika Zarzycka/NurPhoto via Getty Images.
Without political intervention, TikTok will cease operations in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre stated that President Biden believes TikTok should remain available in the U.S. but under American ownership. However, the implementation of the law will fall to the incoming administration of President-elect Donald Trump, who will be sworn in on Monday.
The Supreme Court's ruling emphasized that while TikTok serves as a significant platform for expression, engagement, and community for over 170 million Americans, Congress has deemed divestiture necessary to address national security concerns related to TikTok's data practices and its ties to a foreign adversary. The court concluded that these provisions do not infringe upon the petitioners' First Amendment rights.
President-elect Trump, who has previously opposed a TikTok ban, might issue an executive order to delay its enforcement for 60 to 90 days upon taking office. On Truth Social, Trump mentioned ongoing discussions with Chinese President Xi Jinping regarding the ban and other matters.
There is uncertainty about whether China would agree to a full sale of TikTok to a Western buyer, but reports suggest that a complete purchase is a possibility. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly being considered as a potential intermediary for interested Western parties, or he might even consider purchasing TikTok himself.
In the wake of the looming ban, TikTok users have migrated to the Chinese social media app Red Note (Xiaohongshu), which offers a similar user experience. Reuters reports that Red Note gained over 700,000 new users within just two days.
The future of TikTok in the U.S. is uncertain: it must find a new buyer to continue operations, or it will be forced to shut down—unless an executive order from the Trump administration intervenes to alter the course.
