What’s Next Now That the Supreme Court Has Upheld the TikTok Ban?
If you’ve been on TikTok in the last few days, you’ve no doubt witnessed your favorite creators saying goodbye and telling you where you can find them next. With Congress’ impending ban on the social media app set to take effect in the US on Sunday, it appears there is little that users of the platform can do. The Supreme Court ruled Friday that it upholds the ban, citing congressional concerns about Chinese access to American user data, but that may not be the end of the story.
Supreme Court upholds TikTok ban
In an opinion released Friday morning, the Supreme Court ruled to uphold TikTok’s ban, which will remove the platform from app stores starting Sunday, January 19. The move deals the biggest blow to hopes that the app can continue to operate. as usual, but despite acknowledging that “TikTok offers a distinctive and broad outlet for expression” for “more than 170 million Americans,” the Court ultimately decided to uphold Congress’ “well-supported national security.” concern.”
However, this opinion still gave users a positive moment when they rush to other applications. While recognizing that TikTok represents “new technologies with transformative potential,” the court warned that its decision should be “understood as narrowly focused” and not as a precedent for future cases. The judges also argued that their reasoning was “content neutral,” attempting to allay concerns that the real reason for TikTok’s ban may be what users see rather than how their data is processed.
Will TikTok close?
Technically, the terms of the TikTok ban do not require the site to cease operating in the US, but rather prevent its app from being distributed through app stores. In this state, the platform will gradually become unusable over time, but the loss of the platform will be a more gradual transition. However, reports say TikTok is ready to go even further, threatening to shut down completely as a sort of nuclear option to protest the ban now that it is supported.
The idea seems to be to play chicken with the government. American users have already demonstrated their willingness to use the similar Chinese app Xiaohongshu (or RedNote) as a replacement for the TikTok protest, and TikTok users have rushed to shut down the option of switching to Instagram videos or American alternatives. . By completely depriving the app of these users, TikTok may be able to push them into political action (don’t be surprised if opening the TikTok app on Sunday prompts you to call your representatives).
Essentially, TikTok’s parent company Bytedance clearly doesn’t want to sell its products to an American company, and that’s the only way the current ban will allow TikTok to continue operating. Overcoming the Supreme Court is no easy task, but by swaying public opinion, the company appears committed to doing just that.
In fact, it has already achieved some success, as key government officials in both parties have already expressed a desire to deviate from Congressional legislation.
Biden and Trump have reportedly changed their position.
One of the most surprising people who is said to be changing his mind about the TikTok ban is President Biden, who signed the bill into law with just days left in his term. Speaking to NBC News, “three people familiar with the discussions” noted that the Biden administration is currently working on how to prevent TikTok from going dark on Sunday, although this is disputed.
“Americans should not expect TikTok to suddenly be banned on Sunday,” an administration official told NBC, saying Biden’s team is “exploring options” to prevent that from happening. It’s all a bit vague, but a White House spokesman said the options being considered would not include delaying the ban because the administration “does not believe we have the authority to do so.”
But before you get your hopes up, this insider information has been disputed by ABC , which says an administration official now expects the Biden administration to leave action to ban TikTok up to the incoming Trump administration. Perhaps it’s good news for TikTok users, then, that President Trump has already publicly expressed his opposition to the ban , and reports indicate he’s ready to act to stop it. The Washington Post reports that Trump is considering signing an executive order that would delay the ban by 60 to 90 days. Such an extreme measure may be Trump’s only game here, as the ban is set to take effect the day before he takes office. Trump’s stance marks a similar change in attitude to President Biden’s: During his first term, Trump signed an executive order that attempted to force TikTok to cease operations in the US, something the company avoided by partnering with US company Oracle to protect US user data.
The latest bill to save TikTok (for now)
In fact, the most sustainable way to get the ban overturned, short of the Supreme Court, would be for the members of Congress who voted for it to change their minds. The biggest government overturn we’ve ever seen on a TikTok ban (or at least the biggest that doesn’t rely on rumors and anonymous sources) will be Democratic Senator Ed Markey’s new bill . Markey’s bill introduced this week would have extended the ban by 270 days, giving TikTok more time to find a buyer or giving lawmakers the opportunity to re-evaluate the situation. Unfortunately, Republican legislators quickly rejected it, but the reasons for this do show that at least some of Congress is beginning to waver.
“In four days, TikTok will go dark,” Markey said as he introduced the legislation. “My bill just says we need more time.”
As part of the bill’s rationale, Markey argued that TikTok is “central to our economy and the way we communicate,” arguing that the communities created there by its creators and small businesses “cannot be replicated on another app.”
“We need time to have a deeper conversation about how to address the national security risks posed by Bytedance’s ownership of TikTok.” Marky continued. “We need time to understand the consequences of the ban on TikTok creators and users. We need time to consider alternative ideas.”
The bill also marked something of a change of heart on the part of Markey, who initially opposed the platform ban but nonetheless voted in favor of the current ban —though it should be noted that the ban was included in a bill that also provided aid to Ukraine and Israel.
For his part, in a post on X, Senate Minority Leader Chuck Schumer vowed to continue “working to keep TikTok alive” even in the face of Republican opposition.
Support for the ban remains
Although politicians in both branches of government are now talking about repealing or delaying the ban, some in government are sticking to their original decision.
“They had all the time in the world,” said Republican Sen. Rick Scott. “They had the opportunity to sell it to make sure the Chinese government didn’t control it, but they decided not to.”
Republican Senator Tom Cotton, who led the effort to block Markey’s bill, said: “We did not pull the rug out from under TikTok and ban it. Instead, Congress simply demanded that the app no longer belong to it.” and is controlled by our country’s greatest enemy, Communist China.”
For now, all eyes are on Trump, who takes office on Monday. TikTok CEO Shu Tzu Chu will be attending his inauguration , and while there’s little Trump can do to stop the ban from going into effect, we could see some quick action in just a day.
But even if legal pressure from the highest authorities in the land fails to bring back your favorite influencers, there is still a question of public opinion. Depending on how TikTok reacts to the Supreme Court’s decision, Americans could react differently to the ban. With enough public enthusiasm, perhaps we will see new attempts on the part of Congress or the President to prevent this saga from coming to an end.