Supreme Court Rejects TikTok Appeal, Ban Looms by Sunday

A TikTok ban is set to go into effect on Sunday, January 19, following the U.S. Supreme Court's unanimous decision to reject the social media platform's appeal. The Supreme Court expressed skepticism regarding TikTok's First Amendment challenge, emphasizing the platform's extensive data collection and its susceptibility to control by foreign adversaries as key factors justifying the ban.

The Supreme Court's ruling highlighted the commonality of data collection in the digital era but stressed that "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 dark in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre has conveyed that President Biden supports TikTok's availability in the U.S. under American ownership. However, the enforcement of the ban will transition to the incoming administration of President-elect Donald Trump, who will be inaugurated on Monday.

The Supreme Court's ruling further stated, "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 past opposition to a TikTok ban, there is a possibility that he might issue an executive order to delay its enforcement for 60 to 90 days upon taking office. Trump has indicated on Truth Social that he is engaging in discussions with Chinese President Xi Jinping about the ban and other issues.

The willingness of China to sell TikTok entirely to a Western buyer remains uncertain, although reports suggest that a full purchase is being considered. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly being eyed as a potential intermediary for Western businesses or figures interested in purchasing TikTok, or even as a potential buyer himself.

In response to the looming ban, TikTok users have migrated to Red Note (Xiaohongshu), a similar Chinese social media app. Reuters reports that Red Note gained over 700,000 new users in just two days.

The future of TikTok in the U.S. hinges on finding a new buyer; otherwise, the app will cease operations unless an executive order from the Trump administration alters the course of events.