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TikTok Ban Upheld: SCOTUS backs Zuckerberg & Amazon (surprise!)

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Supreme Court Upholds TikTok Ban, Leaving Sunday Deadline in Limbo Amid Enforcement Uncertainty

The U.S. Supreme Court has unanimously upheld a federal law requiring TikTok to be sold by its Chinese parent company, ByteDance, or face a nationwide ban starting Sunday, January 19, 2025. The decision, delivered on Friday, January 17, marks a pivotal moment in the ongoing saga over TikTok’s future in the United States, where it boasts 170 million users. However, the enforcement of the ban remains unclear, with President Joe Biden signaling he will not act on it during his final day in office, leaving the decision to President-elect Donald Trump, who takes office on Monday, January 20.

The Supreme Court Ruling

The court rejected TikTok’s argument that the ban violated the First Amendment rights of its users and the company itself. In its unsigned opinion, the court emphasized that Congress had legitimate national security concerns about TikTok’s data collection practices and its ties to China. The justices noted that TikTok’s ownership by ByteDance, a company subject to Chinese laws requiring cooperation with government intelligence work, posed a significant risk to U.S. national security.

The ruling affirmed a lower court’s decision, which had dismissed TikTok’s constitutional challenge in December 2024. The Supreme Court’s decision was expedited, with oral arguments held on January 10 and the opinion issued just seven days later, reflecting the urgency of the January 19 deadline.

The Sunday Deadline and Enforcement Uncertainty

The ban is set to take effect on Sunday, January 19, the day before Trump’s inauguration. However, enforcement remains uncertain. The Biden administration has indicated it will not enforce the ban, leaving the decision to the incoming Trump administration.

Under the law, President Biden or President-elect Trump could issue a 90-day stay on the ban if there is “significant progress” toward a sale of TikTok’s U.S. operations. However, no such progress has been reported, and ByteDance has consistently signaled its reluctance to sell.

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Late-Breaking Reactions and New Developments

  1. Trump’s Shifting Stance: President-elect Trump, who once sought to ban TikTok during his first term, has recently become a vocal defender of the platform. He urged the Supreme Court to delay the ban and has hinted at negotiating a solution to keep TikTok operational in the U.S. Trump’s team has suggested exploring options such as reviving “Project Texas,” a national security agreement that would involve Oracle hosting U.S. user data.
  2. Potential Buyers: Despite ByteDance’s reluctance to sell, several investors have expressed interest in acquiring TikTok’s U.S. operations. These include a consortium led by former Dodgers owner Frank McCourt and “Shark Tank” investor Kevin O’Leary, as well as billionaire Elon Musk, though TikTok has dismissed the latter as “pure fiction”.
  3. User Reactions: As the deadline looms, many TikTok users have begun migrating to alternative platforms, such as the Chinese app Xiaohongshu (RedNote). Some users have expressed frustration over the potential loss of a platform that has become a vital space for creativity, commerce, and community.
  4. Technical Implications: While the app will not immediately disappear from users’ phones, it will no longer be available for download or updates starting Sunday. Over time, this could render the app unusable as it becomes incompatible with operating systems and loses functionality.

What’s Next?

The fate of TikTok now rests in the hands of the Trump administration. Trump could choose to enforce the ban, negotiate a last-minute sale, or issue a 90-day stay to allow more time for a resolution. However, any decision will likely face legal and political challenges, given the bipartisan support for the ban in Congress.

As the clock ticks down to Sunday, the uncertainty surrounding TikTok’s future underscores the complex interplay between national security, free speech, and the global tech landscape. For now, millions of users and creators are left in limbo, awaiting the next chapter in this high-stakes drama.


For further details, read more at the original sources: AP News, Los Angeles Times, and New York Times.

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