The US Supreme Court upholds the TikTok ban – but the battle is not over yet

A protester holds a pro-TikTok sign in front of the US Supreme Court on January 10, 2025

Allison Robbert/The Washington Post/Getty Images

The US Supreme Court has upheld a ban on the popular video streaming app TikTok, which will take effect on January 19.

The ban would require US companies to block users from accessing or updating TikTok through app stores or internet browsers – unless ByteDance, the app’s Chinese parent company, sells it to a US company by the January 19 deadline.

TikTok’s challenge to the law, which the Supreme Court began hearing on January 10, argued that it violates the US Constitution’s free speech protections. On the same day, the court heard arguments in a related case: a legal adviser representing TikTok content creators argued that a ban also violates those individuals’ constitutional rights.

But US Attorney General Elizabeth Prelogar argued that the ban on TikTok is about preventing foreign espionage as opposed to cracking down on free speech. The US government’s case is that the Chinese government could use TikTok to collect sensitive personal data on hundreds of millions of people in the US that could later be used against them.

The Supreme Court unanimously agreed with the government’s argument and ruled against TikTok and individual creators in both cases. “There is no doubt that for more than 170 million Americans, TikTok offers a significant and expansive outlet for expression, engagement, and source of community. But Congress has determined that divestment is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and the relationship with a foreign adversary,” the statement said.

TikTok is shutting down the app for US users on the same day the ban takes effect, January 19, according to Reuters. But this may not be the last twist in the legal drama.

US President Joe Biden leaves office on January 20, the day after the ban takes effect. An official in his administration has stated that Biden will not enforce the law, according to AP News. Instead, the ban’s strength depends on the actions of President-elect Donald Trump’s incoming administration.

Trump initially supported a TikTok ban during his first term as president, but has since changed his stance and expressed support for allowing the platform to continue US operations. After he took office on January 20, he could ask lawmakers to repeal or amend the law or instruct the government not to enforce it.

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