Supreme Court Rejects TikTok Appeal, Ban Looms by Sunday

A TikTok ban is set to take effect on Sunday, January 19, following the U.S. Supreme Court's unanimous rejection of the social media platform's appeal. The court expressed skepticism over TikTok’s First Amendment challenge, highlighting the platform's unique position in data collection and potential foreign control as key factors.

The Supreme Court's nine justices recognized the commonality of data collection in the digital era 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." This ruling underscores the significant national security implications associated with TikTok's operations.

As a result, without political intervention, TikTok is poised to go dark in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre conveyed that President Biden supports TikTok's availability in the U.S. but under American ownership. However, with the timing of the ban, the responsibility to implement the law will transition to the incoming administration of President-elect Donald Trump, who will be sworn in on Monday.

The Supreme Court's ruling further clarified: “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.”

Previously, Trump has opposed a TikTok ban, and there's speculation that he could issue an executive order to delay its enforcement for 60 to 90 days upon taking office. On Truth Social, Trump mentioned ongoing discussions with Chinese President Xi Jinping about the ban, among other issues.

The question of whether China would agree to sell TikTok entirely to a Western buyer remains open, though reports suggest a full purchase is a viable option. Elon Musk, the owner of Twitter/X and part of Trump's incoming administration, is reportedly considered as a potential intermediary for interested Western buyers, or might even attempt to purchase TikTok himself.

In the past week, TikTok users have migrated to the Chinese social media platform Red Note, or Xiaohongshu, which offers a similar user experience. Reuters reported 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 to continue operations, or it will cease to function in the country—unless an executive order from the Trump administration intervenes to alter the course of events.