A TikTok ban is set to be enforced on Sunday, January 19, following the unanimous rejection of the social media platform's appeal by the U.S. Supreme Court. The court expressed skepticism over TikTok's First Amendment challenge, citing concerns over national security due to the app's extensive data collection and susceptibility to foreign control.
The Supreme Court justices recognized that data collection is a common practice in today's digital landscape but emphasized, "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."
Without political intervention, TikTok is poised to go offline in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre stated that President Biden supports TikTok's availability in the U.S. under American ownership. However, the responsibility to implement the law will shift to President-elect Donald Trump's administration, as he is set to be sworn into office on Monday.
The Supreme Court's ruling elaborated, "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."
Despite Trump's previous opposition to a TikTok ban, he may issue an executive order to delay its enforcement for 60 to 90 days upon taking office. On Truth Social, Trump mentioned ongoing discussions with Chairman Xi Jinping regarding the ban, among other issues.
It remains uncertain whether China would agree to a complete sale of TikTok to a western buyer. However, reports suggest that a full purchase is a viable option. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly considered as a potential intermediary or even a buyer for TikTok.
In the meantime, TikTok users have migrated to the Chinese social media app Red Note (Xiaohongshu), which offers a similar experience. According to Reuters, Red Note saw an influx of over 700,000 new users in just two days.
The future of TikTok in the U.S. hinges on finding a new buyer or facing a complete shutdown—unless an executive order from the Trump administration intervenes to alter the course.
