Supreme Court Rejects TikTok Appeal, Faces Ban by Sunday

The impending TikTok ban is set to take effect on Sunday, January 19, following the U.S. Supreme Court's unanimous decision to reject the platform's appeal. The court expressed skepticism over TikTok’s First Amendment challenge, emphasizing the platform's unique scale and vulnerability to foreign control as justification for the ban due to national security concerns.

The Supreme Court's ruling 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." This decision comes despite the acknowledgment that data collection is a common practice in the digital age.

As a result, without political intervention, TikTok is poised to go dark 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 ruling further elaborated, "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 his previous opposition to a TikTok ban, Trump has indicated on Truth Social that he is in talks with Chairman Xi Jinping about the issue, suggesting a potential delay of 60 to 90 days through an executive order upon taking office. The possibility of China selling TikTok to a Western buyer is being considered, with reports indicating a full purchase as a viable option. Elon Musk, involved with the incoming Trump administration, is reportedly being considered as an intermediary for interested Western buyers, or might even attempt to purchase the platform himself.

In the meantime, TikTok users have begun migrating to the Chinese social media app Red Note (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. hinges on finding a new buyer or facing the cessation of operations, unless an executive order from the Trump administration alters the course of events.