TikTok Ban Looms After Supreme Court Denial

A ban on TikTok is scheduled to take effect on Sunday, January 19, following the U.S. Supreme Court's unanimous decision to reject the platform's appeal. The court expressed skepticism regarding TikTok's First Amendment challenge, highlighting the platform's extensive data collection and its potential vulnerability to foreign control as key national security concerns.

The Supreme Court's ruling stated, "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." This decision acknowledges the platform's popularity among over 170 million Americans, who use it for expression, engagement, and community building, but emphasizes the necessity of divestiture to mitigate national security risks associated with TikTok's data practices and foreign connections.

TikTok may go dark in the U.S. on Sunday. Photo by Dominika Zarzycka/NurPhoto via Getty Images.

Without political intervention, TikTok is poised to become inaccessible in the U.S. on Sunday. The White House press secretary, Karine Jean-Pierre, has indicated that President Biden supports TikTok's availability in the U.S. but under American ownership. However, the implementation of the ban will transition to President-elect Donald Trump's administration, which will take office on Monday.

Trump, who has previously opposed a TikTok ban, may issue an executive order to delay its enforcement for 60 to 90 days upon assuming office. He has mentioned on Truth Social that he is engaging in discussions with Chinese President Xi Jinping about the ban, among other issues. There are also reports suggesting that China might consider selling TikTok entirely to a Western buyer, with Elon Musk, involved in the incoming Trump administration, potentially acting as an intermediary or even a buyer himself.

In response to the looming ban, TikTok users have migrated to the Chinese social media app Red Note, or Xiaohongshu, which has seen a surge of over 700,000 new users in just two days, according to Reuters.

The future of TikTok in the U.S. hinges on finding a new buyer or facing cessation of operations, unless an executive order from the Trump administration alters the course of events.