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US Supreme Court Signals it Will Uphold TikTok Ban: Platform Faces Potential Shutdown This Sunday

Published: January 15, 2025
TikTok House bill
U.S. flag and TikTok logo are seen in this illustration taken June 2, 2023. (Image: REUTERS/Dado Ruvic/Illustration/File Photo)

On Jan. 15, the U.S. Supreme Court declined to issue an expected opinion on the controversial case surrounding the proposed TikTok ban, but previously signaled that it is likely to uphold the measure. Last week, after questioning TikTok’s lawyers for more than two hours, justices appeared to see the ban as an effort to regulate an app potentially under the control of an adversarial nation, China.  

The case, rooted in national security concerns and data privacy issues, has drawn widespread attention from lawmakers, tech companies, and millions of users. While the court’s decision remains pending, its indication of support for the ban suggests a potential turning point for the popular social media platform’s future in the United States.

The app, used by an estimated 170 million Americans, now has less than four days before it is banned in the United States.  Its owner, Bytedance, has limited options. It can either sell the platform to an American owner, shut down completely, or hold out long enough for incoming president, Donald Trump, to step in and stop the ban. 

Reports indicate that the incoming Trump administration has asked the nation’s top court to delay an opinion, which would allow more time to come to a solution that does not involve an outright ban. 

So far, there is no indication that ByteDance has made any effort to find an American buyer, however there are reports that Elon Musk may be in the market to acquire the app and YouTuber, Mr. Beast has also issued an online statement expressing interest in acquiring the app. 

It’s speculated that ByteDance is refusing to sell in order to keep its highly envied “For You Page” algorithm secret. If Bytedance was to sell TikTok, it would have to disclose its algorithm.

According to The Information, Bytedance is preparing to shut the app down completely on Sunday, and is giving users an option to download all their data and videos.

The ban does not necessarily mean the wildly popular app will disappear entirely. While it’s expected that both Apple and Google will remove the app from their app stores, users who already have the app downloaded on their devices should be able to continue to use it. 

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A record breaking app

TikTok first emerged in 2017. A near clone of the Chinese video-sharing app, Douyin, it quickly began to break records, becoming the most successful app in history, and the most downloaded app in the world after just three years in the wild. It even surpassed Google as the world’s most visited web domain. 

However, it has been described as a “weapon of mass distraction,” that exploits its addictive algorithm to diminish mental faculties, foster harmful behaviours, and negatively influence users, particularly in the West.

It has been partially blamed for the proliferation of gender theory in western communities. 

Its Chinese counterpart, Douyin, operates significantly differently, promoting education and limiting its usage. This has spawned speculation that the disparity between the two apps demonstrates a deliberate geopolitical tactic by China to destabilize societies in the West. 

Congress has moved to ban the app for a number of reasons including concerns that ByteDance could be compelled to share data with the Chinese communist authorities under its national security laws. 

There are also concerns over data privacy violations; fears that TikTok may collect vast amounts of personal data from its users.

The app has also been blamed for spreading propaganda and disinformation that may have been influenced by foreign powers. 

Congress has also expressed concerns that the app has a detrimental effect on the nation’s youth, saying it promotes harmful content that could negatively impact young Americans’ mental health. 

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TikTok’s only chance

Other than the Supreme Court overturning the ban, which remains unlikely, the only chance the app has to survive in the U.S. is if incoming president, Donald Trump, somehow overturns the ban or stops it from being implemented.  

During Trump’s first term he sought to ban the app over national security concerns, however he made a notable shift after he joined the app in June 2024 and quickly amassed a substantial following. 

In December, Trump asked the nation’s highest court to delay the ban, to give his administration enough time to take office and to give his administration “the opportunity to pursue a political resolution of the question at issue in the case.”

In a previous congressional hearing, ByteDance’s lawyers argued that Trump could potentially reverse the ban or at least delay it. 

The only other option that Bytedance has is to demonstrate that it has taken steps to divest the app, however there is no indication that the company has made any efforts to do so. 

The app has already been banned in a handful of countries including India, Afghanistan and just recently Albania.