TikTok Faces Ban by Sunday After Supreme Court Rejects Appeal

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 platform's appeal. The court expressed skepticism regarding TikTok's First Amendment challenge, emphasizing the platform's unique scale and susceptibility to foreign control, as well as its extensive data collection practices. The justices 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."

Without political intervention, TikTok is poised to go offline in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre has stated that President Biden supports TikTok's availability in the U.S. but under American ownership. However, the implementation of the ban will fall to the incoming administration of President-elect Donald Trump, who will be sworn in on Monday.

The Supreme Court's ruling highlighted the platform's significance, noting, "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 his previous opposition to a TikTok ban, Trump has indicated on Truth Social that he is in discussions with Chinese President Xi Jinping about the issue. There is a possibility that Trump could issue an executive order to delay the ban's enforcement for 60 to 90 days upon taking office. The question remains whether China would agree to a full sale of TikTok to a Western buyer. Reports suggest that a complete purchase is a viable option, with Elon Musk, involved in the incoming Trump administration, potentially acting as an intermediary or even considering purchasing the platform himself.

In the meantime, TikTok users have been migrating to the Chinese social media app Red Note (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. hangs in the balance: the app must either find a new buyer or cease operations unless an executive order from the Trump administration intervenes to alter the course of events.