The impending TikTok ban in the U.S. is set to take effect on Sunday, January 19, following the Supreme Court's unanimous decision to reject the platform's appeal. The court expressed skepticism over TikTok's First Amendment challenge, emphasizing the platform's unique scale and potential susceptibility to foreign influence, which justified the government's national security concerns.
The Supreme Court justices noted that while data collection is common 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." This ruling paves the way for TikTok to potentially go dark in the U.S. unless political intervention occurs.
White House Press Secretary Karine Jean-Pierre stated that President Biden supports TikTok's availability in the U.S. but under American ownership. However, with the ban set to take effect just before the transition, the responsibility to implement the law will fall to President-elect Donald Trump's administration, who will be sworn in on Monday.
The Supreme Court's ruling underscored the platform's importance to over 170 million Americans as a source of expression, engagement, and community. However, it upheld Congress's decision that divestiture was necessary due to national security concerns related to TikTok’s data practices and foreign ties, stating, "For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights."
Despite his past opposition to a TikTok ban, Trump has hinted at potential delays through an executive order, which could postpone enforcement for 60 to 90 days. On Truth Social, Trump mentioned ongoing discussions with Chairman Xi Jinping regarding the ban, among other topics.
The possibility of TikTok being sold to a western buyer remains uncertain, though reports suggest a full purchase is an option. Elon Musk, involved in Trump's incoming administration, is reportedly considered as a potential intermediary or buyer for TikTok.
Amidst this uncertainty, TikTok users have migrated to the Chinese app Red Note (Xiaohongshu), with Reuters reporting a surge 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 cessation of operations, unless an executive order from the Trump administration intervenes to alter the course.
