A TikTok ban is set to go ahead on Sunday, January 19, after the Supreme Court rejected an appeal.
The hugely popular social media platform's appeal to the Supreme Court was unanimously struck down by the U.S. Supreme Court after scepticism of TikTok’s First Amendment challenge.
The nine justices acknowledged that data collection and analysis is a common practice in the digital age, but added: "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.”
As a result, without political intervention, TikTok is set to go dark on Sunday. In a statement, the White House press secretary Karine Jean-Pierre said President Biden's position on TikTok is that it should be available in the U.S. but under American ownership. But given the timing, the actions to implement the law will fall to President-elect Donald Trump's administration. Trump will be sworn into office on Monday.
The ruling from the Supreme Court reads: “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 has previously been against a TikTok ban, and it’s possible that an executive order could delay enforcement of it for 60 to 90 days once he comes into power. On Truth Social, Trump stated that he is already in talks with Chairman Xi Jinping regarding the ban, among other things.
It’s unclear whether or not China would also be willing to sell TikTok to a western buyer entirely, but reports point toward full purchase as an option. Twitter/X owner Elon Musk, who is directly involved in the incoming Trump administration, is reportedly being considered as an intermediary between western businesses or figures interested in purchasing TikTok, if the billionaire himself doesn’t swoop in to try and buy the social media platform.
Meanwhile, over the past week, TikTok users have flocked to the Chinese social media app Red Note, or Xiaohongshu, which is a similar app in presentation. Reuters reports that Red Note had received more than 700,000 users in just two days.
The future of TikTok in the U.S. remains stark: either it finds a new buyer or the app will cease operations in the U.S. — unless an executive order by the Trump administration swoops in to shake things up.
Photo by Dominika Zarzycka/NurPhoto via Getty Images.
Sayem is a freelancer based in the UK, covering tech & hardware. You can get in touch with him at @sayem.zone on Bluesky.