TikTok Ban Looms After Supreme Court Denial

A ban on TikTok is scheduled to take effect on Sunday, January 19, following the unanimous rejection of an appeal by the U.S. Supreme Court. The justices expressed skepticism over TikTok's First Amendment challenge, ultimately ruling that the platform's unique scale and potential for foreign control, coupled with its extensive data collection practices, justify the government's national security concerns.

The Supreme Court 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 paves the way for TikTok to potentially go dark in the U.S. by Sunday, as depicted in the accompanying image.

In response, the White House press secretary Karine Jean-Pierre conveyed President Biden's stance, indicating a preference for TikTok to operate in the U.S. under American ownership. However, the implementation of the ban will transition to the incoming administration of President-elect Donald Trump, who will be sworn in on Monday.

The Supreme Court's ruling further elaborates, "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."

Interestingly, Trump has historically opposed a TikTok ban. He hinted on Truth Social that he is in discussions with Chinese President Xi Jinping about the ban, among other matters. There is speculation that an executive order from Trump could delay the ban's enforcement for 60 to 90 days upon his assumption of office.

The possibility of China selling TikTok to a Western entity remains uncertain, though reports suggest a full purchase could be an option. Elon Musk, involved in the incoming Trump administration and owner of Twitter/X, is reportedly considered as a potential intermediary or buyer for TikTok.

In the meantime, TikTok users have been migrating 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 a complete cessation of operations. The only potential reprieve could come from an executive order by the Trump administration, which might alter the current trajectory.