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 social media giant's appeal. The Court expressed skepticism over TikTok's First Amendment challenge, with the justices acknowledging that while data collection is commonplace in the digital era, "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."
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 go offline in the U.S. this Sunday. White House Press Secretary Karine Jean-Pierre has stated that President Biden believes TikTok should be available in the U.S. but under American ownership. However, the timing means that the enforcement of the law will fall to the incoming administration of President-elect Donald Trump, who will be inaugurated on Monday.
The Supreme Court's ruling 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, suggesting that an executive order might delay its enforcement for 60 to 90 days once he assumes office. On Truth Social, Trump mentioned he is in discussions with Chinese President Xi Jinping about the ban, among other issues.
It remains uncertain whether China would be willing to sell TikTok entirely to a Western buyer, but reports indicate that a full purchase is a viable option. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly being considered as a potential intermediary for interested Western businesses or figures looking to buy TikTok, or possibly as a buyer himself.
In the meantime, over the past week, TikTok users have migrated to the Chinese app Red Note, or Xiaohongshu, which offers a similar experience. Reuters reports that Red Note gained over 700,000 new users in just two days.
The future of TikTok in the U.S. hangs in the balance: it must find a new buyer or cease operations, unless an executive order from the Trump administration intervenes to alter the course of events.
