The Supreme Court has upheld legislation that will effectively prohibit TikTok starting Sunday, January 19. This decision concludes a lengthy legal dispute, compelling the ByteDance-owned app to cease operations in the United States unless it separates from its Chinese parent company due to national security concerns.
Beginning Sunday, distributing TikTok through app stores or hosting services will be illegal. While TikTok has warned that the app may “go dark,” the precise implications remain uncertain.
In an opinion issued moments ago, the Supreme Court addressed an appeal from three petitioner groups, including TikTok entities and American users. These groups sought to overturn the ban, enacted under the Protecting Americans from Foreign Adversary Controlled Applications Act, on First Amendment grounds.
“Given the limited timeframe following oral arguments, I cannot claim absolute certainty regarding the presented arguments and evidence,” the court stated in its unsigned opinion. “However, under the current circumstances, the threat appears legitimate, and the response does not infringe on constitutional principles. Supporting a foreign adversary is one matter; permitting them to spy on Americans is another.”
This decision shifts TikTok’s fate to the next phase: whether President-elect Donald Trump will intervene upon assuming office or if negotiations for a sale will progress. Earlier today, Trump mentioned on TruthSocial that he spoke with Chinese President Xi Jinping about TikTok but did not disclose the outcome.
China has reportedly suggested Elon Musk as a potential buyer for the app’s U.S. operations, though no formal steps have been announced.
TikTok had recently argued before the Supreme Court that the ban conflicts with the First Amendment and requested additional time for Trump to act on the matter. The Department of Justice countered, asserting that the law targets security risks, not speech or platform algorithms. The DOJ emphasized the risk of ByteDance being compelled by the Chinese government to share sensitive data on millions of Americans.
TikTok also argued that divesting its U.S. operations is unfeasible, as China could block the export of the app’s core algorithm, fundamentally altering its functionality.
In its opinion, the Supreme Court acknowledged TikTok’s complex legal history but ultimately deemed the Act to be “appropriately tailored” to address the concerns it seeks to resolve.
“Undoubtedly, the measures chosen by Congress and the President are extraordinary,” the opinion stated, noting the challenges of legislating rapidly evolving technologies. “We must take care not to hinder the future.”
The sell-or-ban legislation, signed by President Biden in April 2024, followed years of allegations that TikTok’s ties to China compromised national security and exposed Americans’ personal information to foreign surveillance.
