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The US Supreme Court has upheld a law requiring TikTok’s China-based parent company, ByteDance, to sell its US operations by January 19, 2025, or face a nationwide ban.
The unanimous decision comes amidst growing concerns over national security and data privacy, marking a critical moment for the popular video-sharing app and its estimated 170 million US users.
TikTok had challenged the law, arguing it violated First Amendment protections for free speech. However, the justices ruled that Congress was within its authority to mandate divestiture, citing national security risks tied to TikTok’s data collection practices and its ties to China.
“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression,” the court stated. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns.”
The law, signed in April 2024, gave ByteDance until January 19, 2025, to sell TikTok’s US operations to a neutral party. If the company fails to meet this deadline, TikTok will be removed from app stores and web hosting services in the United States, effectively shutting down its operations.
TikTok’s Response and Trump’s Role
TikTok CEO Shou Zi Chew, expected to attend the inauguration of President-elect Donald Trump on January 20, 2025, expressed gratitude to the incoming administration. “We are grateful and pleased to have the support of a president who truly understands our platform,” Chew posted on TikTok, while also reaffirming the app’s commitment to users.
President-elect Trump, who previously indicated support for the app during the 2024 election campaign, has yet to announce how his administration will enforce the law. On January 17, 2025, Trump wrote on his social media platform, Truth Social: “The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future.”
Impact on Content Creators and Advertisers
The impending ban has sparked widespread concern among content creators who rely on TikTok for income, according to the BBC.
Drew Talbert, a creator with over five million followers, stated, “I went from being a waiter to owning a home—it all started with TikTok.”
Kalani Smith, with more than three million followers, called the ban “a slap in the face,” noting the platform helped him rise from homelessness.
Advertisers and businesses have also voiced concerns about losing a key marketing channel, with TikTok’s shutdown threatening to disrupt revenue streams and brand outreach.
Biden Administration’s Position
White House Press Secretary Karine Jean-Pierre stated that President Joe Biden had supported keeping TikTok available to Americans under new ownership that addressed security concerns. However, she acknowledged that enforcement of the law would now fall to the incoming Trump administration due to timing constraints.
Escalating Security Concerns
The TikTok ban reflects heightened US concerns over potential Chinese espionage. Critics have pointed to a 2017 Chinese law requiring cooperation with government intelligence efforts as a key justification for the legislation. TikTok has repeatedly denied allegations of data sharing with Beijing, but cybersecurity firms have suggested the app collects more data than necessary.
US Attorney General Merrick Garland praised the Supreme Court’s decision, stating it prevented China from "weaponizing TikTok to undermine America's national security."
Key Dates Leading to the Decision
April 24, 2024: President Biden signs the bipartisan TikTok ban bill.
May 7, 2024: TikTok files a lawsuit to block the law, citing free speech concerns.
August 2, 2024: The US government accuses TikTok of illegally collecting children’s data.
December 6, 2024: A federal appeals court rejects TikTok’s challenge to the law.
January 10, 2025: Supreme Court hears arguments from TikTok and content creators.
January 17, 2025: Supreme Court upholds the TikTok ban law.
January 19, 2025: Deadline for ByteDance to divest or face a nationwide ban.
As the countdown continues, all eyes remain on the incoming Trump administration to determine the fate of TikTok in the US. For millions of users and businesses, the next few days could mark a defining moment for the app’s future in one of its largest markets.