TikTok on the Brink: Supreme Court Delivers Major Setback as Ban Nears

  • The future of ByteDance’s social media platform is increasingly uncertain.

  • A nationwide TikTok ban in the U.S. appears imminent.

Tiktok on the brink
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Javier Márquez

Writer

I've been in media for over a decade, but I've been much longer marveling at the possibilities that technology brings us. I believe we live in a world where the digital revolution is changing everything, and I find no better palce that Xataka to write about it. LinkedIn

The Supreme Court has upheld a law requiring ByteDance, TikTok’s parent company, to sell its U.S. operations by Sunday to avoid a nationwide ban. The unanimous ruling blocks the Chinese company’s attempts to circumvent the law, which critics argued violated First Amendment rights.

In its preliminary decision, the justices determined that the law, passed by Congress in 2024 and signed by President Joe Biden, doesn’t infringe on free speech protections. ByteDance has exhausted nearly all legal avenues to challenge the ban, leaving the app’s future in the U.S. in jeopardy.

A Looming Ban

“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,” the Supreme Court stated.

Shortly after the ruling, the White House issued a statement affirming that Biden wouldn’t intervene to save the app. The statement reiterated that TikTok could continue operating in the U.S. only if ownership is transferred to a U.S.-based company to mitigate security risks.

Trump’s Return and TikTok’s Fate

The Supreme Court’s decision coincides with the impending inauguration of President-elect Donald Trump on Jan. 20. Trump has expressed interest in revisiting the TikTok issue once in office, noting in a Truth Social post that he recently discussed the matter with Chinese President Xi Jinping.

During his first term, Trump attempted to ban TikTok, citing similar national security concerns. At the time, U.S. companies such as Microsoft and Oracle were contenders to acquire TikTok’s U.S. operations. In his latest comments, Trump indicated he would address TikTok’s future “in the not-too-distant future,” signaling that the saga is far from over.

Image | Jonathan Kemper (Unsplash)

Related | Trump Repeatedly Pushed for the TikTok Ban During His First Term. He’s Now Exploring Ways to Stop It

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