TikTok Ban Imminent After Supreme Court Denies Appeal
A ban on TikTok is scheduled to take effect 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, leading to the impending blackout.
The Supreme Court justices unanimously recognized the widespread practice of data collection in the digital era but highlighted TikTok's unique position. "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," they stated.
As a result, without political intervention, TikTok is poised to go offline in the U.S. on Sunday. White House Press Secretary Karine Jean-Pierre conveyed President Biden's stance that TikTok should remain available 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 emphasized the platform's significance: "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 Trump's previous opposition to a TikTok ban, there's a possibility he could issue an executive order to delay its enforcement for 60 to 90 days once he assumes office. On Truth Social, Trump mentioned ongoing discussions with Chinese President Xi Jinping concerning the ban, among other issues.
The willingness of China to sell TikTok entirely to a Western buyer remains uncertain, though reports suggest a full purchase is being considered. Elon Musk, involved with the incoming Trump administration and owner of Twitter/X, is reportedly a potential intermediary for interested Western parties or might even consider purchasing TikTok himself.
In the meantime, TikTok users have been migrating to the Chinese social media app Red Note, or Xiaohongshu, which offers a similar experience. According to Reuters, Red Note saw an influx of over 700,000 new users in just two days.
The future of TikTok in the U.S. hangs in the balance: it must secure a new owner or face cessation of operations—unless an executive order from the Trump administration intervenes to alter the course.
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