The Supreme Court unanimously upheld a federal law requiring TikTok’s Chinese parent company to sell the app or shut it down by January 19. President-elect Donald Trump now controls TikTok’s fate.
The decision supports Congress’s concerns over national security despite users’ arguments that the law violates First Amendment rights.
As a result, TikTok may temporarily cease operations in the U.S. starting Sunday, leaving millions of users without access to the platform’s popular short-form videos. Many teenagers and creators depend on the app for daily entertainment and engagement.
President-elect Donald Trump and his team are exploring political options to address security fears while attempting to preserve the app’s presence. Meanwhile, officials from the Biden administration have indicated they do not plan to enforce the ban before leaving office, leaving TikTok uncertain about its future.
Preparing for the Supreme Court’s decision, TikTok has been planning to comply with the law, including shutting down U.S. operations to avoid legal risks for distributors and sellers. The company has also been seeking alternatives and engaging with Trump to find a resolution.
The court’s decision has sparked a flurry of last-minute activity. The White House clarified that it would not act on the law before Trump’s inauguration on Monday. “This administration recognizes the incoming administration must take the next steps,” said Press Secretary Karine Jean-Pierre.
Enforcement Commences on January 19
The Justice Department welcomed the ruling but provided little clarity on the next steps. Deputy Attorney General Lisa Monaco stated, “Enforcing the law after it takes effect on January 19 is a process that will unfold over time.”
Trump addressed the situation in a social media post, stating, “My decision on TikTok will come soon, but I need time to review the matter. Stay tuned!”
In a separate development, the president-elect said he spoke with Chinese leader Xi Jinping on Friday, discussing several topics, including TikTok.
On the same day, TikTok CEO Shou Chew shared a video on the platform, thanking Trump for his willingness to work toward a solution. Chew promised that the company would do everything possible to continue operating in the U.S., concluding the video with, “More to come.”
The Supreme Court’s 20-page opinion noted that TikTok is a unique platform for over 170 million Americans, offering various forms of expression, interaction, and community building. However, the court upheld Congress’s stance that divestiture must address valid concerns over TikTok’s data practices and ties to China.
Lawmakers fear the Chinese government could access personal data from U.S. users and potentially use it to harm national interests. The court ruled that these concerns justify the law, emphasizing that they outweigh TikTok’s free speech claims.
Blow to TikTok and Users
Recognizing the urgency of the matter, the court acted swiftly, holding a special hearing on January 10. This came after a federal appeals court upheld the ban. With the Supreme Court being the final option, the ruling represents a significant blow to TikTok and its users, who argued no comparable platform exists.
The court also clarified that its decision focuses specifically on the TikTok law and does not set a broader precedent for internet free speech. Citing a 1944 case, the opinion warned against making decisions that could limit advancements in future technologies.
The bipartisan legislation signed by President Biden last April defines TikTok as a tool of a foreign adversary posing serious security risks. The Justice Department highlighted two key dangers: the extensive collection of personal data that could aid Chinese intelligence and the potential for Beijing to influence U.S. democracy through content manipulation.
While the court accepted the data-collection concerns, it did not fully address the argument about content manipulation. The ruling stated that restricting a foreign adversary’s access to Americans’ data—including information from those who never downloaded the app but appear in users’ contact lists—is sufficient to uphold the law.
Justice Neil Gorsuch agreed with the majority but issued a separate opinion, expressing doubt about the government’s claims regarding content manipulation. “Supporting a foreign adversary through speech is constitutionally protected,” he wrote. “But spying on Americans is entirely different.”
A group of TikTok users who had joined the company in contesting the ban asked the Justice Department to delay enforcement. “We hope lawmakers and the administration will recognize how critical the platform is to Americans and find a way to keep it running,” the group said.
Though not part of the group, content creator Alyssa McKay voiced her disappointment with the decision. The 25-year-old has over 10 million followers on TikTok, where she shares lifestyle videos. “I’d be heartbroken to lose the community I’ve built here,” McKay said. But I’m still not convinced it will actually shut down.”
McKay has been diversifying her presence on other platforms to prepare for a possible shutdown. “I’ve been ensuring I’m active elsewhere,” she added.
While TikTok is widely known for entertainment, celebrities, and trends, it has also become a growing news source, especially for younger users. Research from the Pew Research Center shows that 45% of Americans aged 18 to 29 get news on TikTok regularly, compared to just 4% of those 65 and older.
