In a landmark decision, the Supreme Court has upheld a law that would effectively ban TikTok in the United States by January 19 unless the social media platform is sold to an owner not controlled by a foreign adversary. The ruling places the fate of the app, used by 170 million Americans, in the hands of President-elect Donald Trump, who takes office on January 20.
The Court sided with the government’s position that ByteDance’s ties to China pose national security concerns, rejecting TikTok’s First Amendment arguments. While acknowledging the platform’s significance, the Court emphasized Congress’s authority to address national security threats. “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 Court stated, but concluded that the security concerns outweighed these considerations.
Trump, who previously promised to “save TikTok,” now holds significant influence over the app’s future. “It ultimately goes up to me, so you’re going to see what I’m going to do,” Trump told CNN following the Court’s decision. He has reportedly discussed the matter with Chinese President Xi Jinping and is considering various options, including an executive order that would delay the ban’s enforcement by 60 to 90 days.
The implementation of the ban would have far-reaching consequences for the tech industry. Major companies like Apple and Google would be prohibited from offering TikTok in their app stores, while cloud providers such as Microsoft, Amazon, and Oracle would be barred from hosting the service. Violations could result in penalties of up to $5,000 for each instance of US user access.
Several potential solutions have emerged as stakeholders scramble to prevent a shutdown. Chinese officials have reportedly discussed selling TikTok’s US operations to Elon Musk, owner of X, although their preference is to maintain ByteDance’s ownership. Additionally, a consortium led by billionaire Frank McCourt Jr. and including “Shark Tank” star Kevin O’Leary has expressed interest in acquiring the platform for up to $20 billion. “There’s a deal to be made here so that US TikTok can stay in business,” McCourt stated recently.
The ruling’s impact extends beyond TikTok itself, potentially reshaping the competitive landscape of social media. Industry analysts predict significant benefits for established platforms if TikTok exits the US market. William Blair research analyst Ralph Schackart estimates that Meta’s Instagram could capture 60-70% of TikTok’s advertising revenue, noting that Instagram “monetizes at around 3x the rate of TikTok.” Similarly, Morgan Stanley projects that YouTube’s Shorts platform could gain $400-750 million in ad revenue for every 10% of former TikTok user time it captures.
As the situation develops, legislative solutions are also being explored. Senator Ed Markey has introduced a bill that would extend the divestiture deadline by 270 days, potentially providing crucial additional time for negotiations. Trump’s incoming administration has multiple options, including pushing Congress to overturn the law, encouraging an extension of the deadline, or facilitating a sale of the US operations.
As the January 19 deadline approaches, the tech industry, millions of users, and the advertising market await clarity on whether Trump’s administration will enforce the ban, negotiate a sale, or find another solution to keep the popular platform operating in the United States. The outcome of this high-stakes situation will likely set important precedents for foreign-owned technology companies operating in the US market.
