A TikTok ban is set to be implemented on Sunday, January 19, following the U.S. Supreme Court's unanimous decision to reject the social media giant's appeal. The court expressed skepticism over TikTok's First Amendment challenge, with the justices acknowledging the commonality of data collection in the digital era but emphasizing TikTok's unique situation. They 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."
Without political intervention, TikTok is poised to go dark in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre stated that President Biden believes TikTok should be available in the U.S. but under American ownership. However, the responsibility for implementing the law will fall to President-elect Donald Trump's administration, as he will be sworn into office on Monday.
The Supreme Court's ruling emphasized, "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, may 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 regarding the ban, among other issues.
While it's uncertain if China would agree to sell TikTok entirely to a Western buyer, reports suggest that a full purchase is being considered. Elon Musk, involved in the incoming Trump administration, is reportedly being considered as an intermediary for potential Western buyers, or he might even attempt to acquire the platform himself.
In the past week, TikTok users have migrated to the Chinese social media app Red Note (Xiaohongshu), which shares a similar format. Reuters reports that Red Note gained over 700,000 users in just two days.
The future of TikTok in the U.S. hinges on finding a new buyer or facing a complete shutdown—unless an executive order from the Trump administration intervenes to alter the course of events.