The Supreme Court has unanimously upheld a federal law that mandates TikTok’s Chinese owners to either sell or shut down the app by January 19. This decision supports Congress’s national-security concerns, overruling TikTok users' claim that the ban violates their First Amendment rights.
As a result, TikTok could be temporarily unavailable starting Sunday, leaving millions of users, especially teenagers, without access to their favorite short-form videos. President-elect Donald Trump and his allies are exploring ways to address security concerns while potentially saving the app, although Biden administration officials have indicated they won’t enforce the ban during his final days in office, leaving that responsibility to the incoming administration. However, this hasn’t reassured TikTok, which urged the administration on Friday for further assurance that the law won’t be enforced, warning that otherwise, it will be forced to shut down. A White House official responded, stating, "We have already gone to extraordinary lengths to communicate our posture."
To comply with the law and avoid legal issues for companies selling or distributing the app, TikTok plans to shut down in the U.S. It is also considering alternative actions and is in talks with Trump.
The Justice Department welcomed the ruling, but gave no details on the next steps. Deputy Attorney General Lisa Monaco remarked, “The next phase of this effort—implementing and ensuring compliance with the law after it goes into effect on January 19—will be a process that plays out over time.”
Trump commented on social media, saying, "My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!" He also mentioned a conversation with Chinese leader Xi Jinping that included discussions on TikTok.
In a TikTok video posted on Friday, CEO Shou Chew, who is expected at Trump’s inauguration, thanked the president-elect for his commitment to finding a solution to keep the app operating in the U.S. He assured users that TikTok would do everything in its power to thrive and concluded with, “More to come.”
The court’s opinion acknowledged TikTok’s importance as an outlet for expression, engagement, and community for millions of Americans. However, Congress’s concerns about the app’s data collection practices and ties to a foreign adversary justified the law. The court upheld the ban, citing fears that China could exploit Americans’ personal data to harm the U.S.
The court expedited its decision, acting swiftly after a federal appeals court upheld the ban. The case reached the Supreme Court, TikTok’s last option, after a group of U.S. users argued that no other platform offers comparable alternatives.
The court emphasized that its ruling was specific to TikTok and didn’t establish a broad standard for free speech on the internet. Referencing a 1944 case, it noted, “We should take care not to ‘embarrass the future.’”
The bipartisan bill signed by President Biden last April classified TikTok as a tool of a foreign adversary, posing national security risks. Justice Department lawyers outlined two dangers: TikTok’s data collection on millions of Americans and its potential role in undermining U.S. democracy by manipulating the information Americans see. While the court sidestepped the latter concern, it rejected TikTok’s argument that it was a free speech issue, ruling that the data collection alone was sufficient justification for the law.
Justice Neil Gorsuch agreed with the outcome based on the data concerns but separately expressed skepticism about the government’s claim that the platform could manipulate content.
A group of TikTok users who joined the legal fight called on the Justice Department to pause enforcement. They urged government actors to work together to find a way for the platform to continue operating.
Though not part of the group, content creator Alyssa McKay expressed disappointment over the potential ban. With 10.3 million followers, she would be devastated to lose the community she built on TikTok. While she remains unsure the app will be banned on Sunday, McKay has already started diversifying her presence on other platforms.
Although TikTok has long been a hub for light entertainment, it has become increasingly important for news, especially among younger Americans. Pew Research Center reports that 45% of Americans aged 18 to 29 regularly get news from TikTok, compared to just 4% of those aged 65 and older.
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