Topline
Title: TikTok Ban Upheld by Supreme Court: Here's the Lowdown
TikTok's US operations could be in limbo, as the Supreme Court is set to announce its decision on the app's fate on Friday morning. The potential ruling, occurring just days before the ban's scheduled implementation, might give TikTok a reprieve, or it could initiate the end of the popular platform within the US. (Update: The court has upheld the federal ban.)
Key Facts
The Supreme Court's Friday agenda indicated they "may announce opinions on the homepage beginning at 10 a.m." EST.
Last week, the Supreme Court heard arguments regarding whether the federal law limiting TikTok's activities violates the First Amendment. The legislation demands TikTok separate from its parent company ByteDance or face a ban.
The ban's enactment is scheduled for January 19, unless the Supreme Court rules otherwise. Previously, the court declined to halt the law while considering the case.
TikTok and content creators on the platform argue the ban infringes on their First Amendment rights by silencing all speech, while the government defends the ban on national security grounds due to ByteDance's Chinese ownership.
During oral arguments, justices on both sides appeared wary of TikTok's arguments, questioning the purported First Amendment violations when primarily focusing on ByteDance and its algorithm.
Justice Ketanji Brown Jackson rejected TikTok's claims of First Amendment violations, noting that the case primarily revolved around TikTok's desire to maintain ties with ByteDance, rather than alleged silenced speech.
Chief Justice John Roberts posited that the law imposed no burden on TikTok or its users' expression, and only objected to a foreign adversary collecting information about app users.
Justice Samuel Alito inquired about TikTok creators' potential recovery if the app disappeared or if they could simply migrate to another platform. He challenged the notion that the creators' attachment to TikTok was irreplaceable.
Justice Brett Kavanaugh alluded to the U.S. blocking foreign ties in broadcasting companies, and expressed concerns about TikTok collecting data on U.S. users, which he viewed as a threat to the country's future.
What to Watch For
Although the court is scheduled to release opinions on Friday morning, no guarantee exists that the TikTok case will be among them. Nevertheless, the court's swift handling of the case suggests a speedy resolution to the TikTok ban's future.
The court might delay the ban's enforcement later, should they require more time to deliberate, given that justices inquired about the possibility during arguments.
Crucial Quote
"At least, as I understand it, we go dark—essentially, the platform shuts down," TikTok's lawyer said during arguments about the impact of the federal law if implemented.
Contra
Although many justices displayed skepticism towards TikTok's arguments, they also raised concerns about the government's position in backing the law. Justice Neil Gorsuch suggested that the government could require TikTok to place a warning about potential content manipulation by China, but the solicitor general argued that this would not sufficiently protect users.
Is Trump in Favor of the TikTok Ban?
President-elect Donald Trump, although not officially involved in TikTok's legal dispute, has submitted a brief to the Supreme Court appealing for a delay in enforcing the ban until he takes office, instead of issuing a swift decision before the January 19 deadline. The court is not obligated to respond to Trump's request, as he is not a formal party to the case.
Can Trump Stop the TikTok Ban?
Trump has limited options to halt TikTok's ban: As president, he could temporarily pause the law the implementation if there's evidence of TikTok separating from ByteDance, but proving such evidence would be challenging if ByteDance remains reluctant to sell the app. Trump could also attempt to declare TikTok compliant with the law, but if it remains under ByteDance's control, legal challenges are likely. Trump may negotiate with ByteDance for the sale of TikTok or threaten tariffs on Chinese imports to persuade China to allow the sale.
What Happens if the TikTok Ban Takes Effect?
If the Supreme Court upholds the ban and it takes effect on January 19 (or later, should the court provisionally halt it), the impacts remain uncertain, but the federal law prohibits companies like Apple and Google from hosting TikTok in their U.S. app stores, and internet service providers from enabling TikTok's distribution. The platform's gradual degradation is likely, and it may eventually become obsolete and inoperable for U.S. users unless sold or divested by the deadline.
Will ByteDance Sell TikTok?
ByteDance and TikTok have so far shown resistance to separating, and it remains unclear if they will comply with the ban if the Supreme Court upholds it. During the Supreme Court's arguments, the possibility was raised that the ruling could be the catalyst for ByteDance to finally divest from TikTok. Yet, it remains uncertain if such a change will occur, and no potential buyer has been identified.
Key Background
Enacted in April, the federal law demands ByteDance divest from TikTok by January 19, 2025, or face a nationwide ban in the United States. TikTok has repeatedly denied any wrongdoing or links to the Chinese government, and the government's specific evidence justifying the ban has not been made public and remains under seal.
The longstanding concerns regarding TikTok's ties to China contributed to the legislation's enactment, with lawmakers on both sides of the aisle acting decisively. TikTok and creators on the platform filed lawsuits against the ban, but the federal appeals court upheld the law in December. Judges ruled that the ban did not violate TikTok and its users' First Amendment rights and that it was the least restrictive solution to national security concerns, allowing TikTok to continue operating in the US if it separates from ByteDance.
Further Reading
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Overall:
The Supreme Court has unanimously upheld the Protecting Americans from Foreign Adversary Controlled Applications Act, requiring TikTok to either divest its U.S. operations from its Chinese parent company, ByteDance, by January 19, 2025, or face a nationwide ban in the United States. The decision was made on January 17, 2025. New users will not be able to download the app, and updates will not be available, effectively leading to the app's gradual degradation if not sold or divested by the deadline.[1][2][4]
The Biden administration has indicated it will not enforce the ban starting on January 19, 2025, and will leave it to the incoming Trump administration to implement the law.[1][3][4] The situation remains uncertain, with President-elect Donald Trump expressing his intention to review the situation and potentially negotiate a solution after his inauguration.[1][3][4]
- The Supreme Court is set to announce its decision on the TikTok ban on Friday morning, potentially giving the popular platform a reprieve or initiating its end in the US.
- During oral arguments last week, justices questioned TikTok's claims of First Amendment violations, focusing on the platform's desire to maintain ties with its parent company ByteDance rather than alleged silenced speech.
- If the Supreme Court upholds the ban, President-elect Donald Trump has limited options to halt it, including temporarily pausing the law if there's evidence of TikTok separating from ByteDace or attempting to negotiate a sale of the app.
- If the TikTok ban takes effect, the platform's gradual degradation is likely, and it may eventually become obsolete and inoperable for US users unless sold or divested by the deadline.
