The fate of TikTok in the United States hangs in the balance as a ban is set to take effect on Sunday, January 19, following the Supreme Court's unanimous decision to reject the platform's appeal. The appeal, which centered on TikTok's First Amendment rights, was met with skepticism by the justices, leading to its dismissal.
The Supreme Court's ruling highlighted the unique concerns surrounding TikTok, stating, "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 decision underscores the complexities of data privacy and national security in the digital era.
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 detailed ruling emphasized the significance of TikTok to its 170 million American users, 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 Trump's previous opposition to a TikTok ban, there's speculation 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, among other topics.
The possibility of China selling TikTok entirely to a Western buyer remains uncertain, but reports suggest that a full purchase is a viable option. Elon Musk, associated with the incoming Trump administration and owner of Twitter/X, is reportedly considered as a potential intermediary for interested Western buyers, or he might even attempt to acquire the platform himself.
In response to the looming ban, TikTok users have been migrating to Red Note (Xiaohongshu), a Chinese social media app with a similar interface. Reuters reports that Red Note saw an influx of over 700,000 new users in just two days.
The future of TikTok in the U.S. remains uncertain: the app must either find a new buyer or face cessation of operations, unless an executive order from the Trump administration intervenes to alter the course of events.
