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TikTok Ban Law Upheld by U.S. Supreme Court: So What's Next?

With the U.S. Supreme Court upholding the law banning TikTok beginning Jan. 19th, what happens next is up to incoming POTUS Donald Trump.

The fate of TikTok in the United States now rests in the tiny hands of incoming POTUS Donald Trump – and January 19th is less than 48 hours away. This morning, the U.S. Supreme Court upheld the law that was passed by Congress and signed by President Joseph Biden last year, which gave China's ByteDance a ninety-day window to divest from TikTok or see the app banned in the U.S. Those supporting the law argue that TikTok is a security risk to the U.S., serving as a pipeline of data for the Chinese government – while the company claims that the law is a violation of its First Amendment rights.

"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," the justices wrote in an unsigned opinion. "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." Justice Sonia Sotomayor wrote an opinion concurring in part and concurring in the judgment, while Justice Neil Gorsuch wrote an opinion concurring in the judgment.

Here's where the Protecting Americans from Foreign Controlled Applications Act, ByteDance, and TikTok get interesting. Though the move to block the app is set to begin this Sunday, reports are that President Biden isn't planning on enforcing it when it does – meaning that what happens next is up to Trump after he's sworn in on Monday, January 20th. Though he failed to force a sale during his first term, Trump has warmed up to the idea of keeping TikTok around. Late last month, Trump asked the Supreme Court to put a stay on the law taking effect. After he's sworn in, Trump can ask the Justice Department not to enforce the law – while the possibility of an Executive Order suspending the enforcement for 60 to 90 days has also been floated. It's important to note that TikTok CEO Shou Zi Chew plans on attending Trump's inauguration, with TikTok reportedly sponsoring an inauguration event.

"President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act's deadline for divestment of January 19, 2025, while it considers the merits of this case, thus permitting President Trump's incoming Administration the opportunity to pursue a political resolution of the questions at issue in the case," wrote D. John Sauer, Trump's lawyer and pick for U.S. solicitor general, in a filing at the end of December 2024, urging the court to pause on a decision (they didn't listen). "President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government—concerns which President Trump himself has acknowledged."

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