Supreme Court Denies TikTok's Appeal, Ban Looms by Sunday

A ban on TikTok is set to take effect in the U.S. this Sunday, January 19, following the Supreme Court's unanimous decision to reject the social media giant's appeal. The court expressed skepticism about TikTok's First Amendment challenge, emphasizing the platform's unique risks due to its scale and vulnerability to foreign control, along with its extensive data collection.
The Supreme Court justices unanimously recognized the commonality of data collection in the digital era but 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.”
As a result, without political intervention, TikTok is poised to go dark in the U.S. this 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 law will fall to the incoming administration of President-elect Donald Trump, who is set to be sworn into office on Monday.
The Supreme Court's ruling highlighted TikTok's significance for over 170 million Americans as a platform for expression, engagement, and community. Yet, it upheld Congress's decision for divestiture, stating, “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.”
President-elect Trump, who has previously opposed a TikTok ban, might issue an executive order to delay its enforcement for 60 to 90 days upon taking office. On Truth Social, Trump mentioned ongoing discussions with Chairman Xi Jinping about the ban, among other issues.
The possibility of China selling TikTok to a Western buyer remains uncertain, but reports suggest a full purchase is a viable option. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly being considered as an intermediary for potential buyers, or he might personally attempt to acquire the platform.
In the meantime, TikTok users have been migrating to the Chinese social media app Red Note, or 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: it must either secure a new owner or face cessation of operations—unless an executive order from the Trump administration alters the course.
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