TikTok’s future in the United States is yet to be seen following a Supreme Court ruling that cleared the way to ban the app Sunday and President-elect Donald Trump’s wish to keep it.
The high court unanimously ruled Friday that the divest-or-ban law does not violate TikTok’s or its users’ First Amendment rights. Trump, however, said he is in charge of 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 ruling, adding that he will be the one “making the decision” on the app’s future.
The court’s ruling additionally addressed Trump’s previous reservations about the app in 2020, noting that his first administration “determined that TikTok raised particular concerns” and found the app was “susceptible to being used to further the interests of the Chinese government.”
In May 2024, President Joe Biden signed a law that would ban TikTok from U.S. app stores on Sunday, Jan. 19, if TikTok’s parent company, ByteDance, did not sell the app. ByteDance executives have repeatedly said they are not willing to sell the app.
The Biden administration signaled Thursday it would leave enforcement of the ban to Trump, as the ban is set to take place the day before he takes office.
“President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” White House press secretary Karine Jean-Pierre said in a statement.
Trump could still choose not to enforce the ban through an executive order, which he has floated, or by attempting to broker a deal with a U.S. buyer. However, given the justices’ findings that the law can be enforced, such a move could be challenged in court.
Many of Trump’s current and former allies have pressured him to do the latter, including former Vice President Mike Pence, who called the divestment measure a “bipartisan cooperation” that was vital for the nation’s security.
“The CCP has been put on notice that the American people’s data is no longer for the taking. The incoming Trump administration must be prepared to uphold this TikTok divestment law and put the privacy and security of America first,” Pence said.
Manhattan Institute legal fellow Ilya Shapiro echoed Pence’s concerns in a statement to the Washington Examiner, saying it was his “hope” that Trump uses his “famed negotiation skills to force TikTok’s sale.”
“It’s not a ban of a popular social media platform, but its forced divestiture from a foreign adversary: the Chinese Communist Party,” Shapiro said, lauding the Supreme Court’s prompt unanimity to uphold the law just seven days after hearing oral arguments over the case.
TikTok has said it may “go dark” when the ban takes effect, although this decision was made before the Supreme Court ruling. TikTok plans for users attempting to open the app in the United States to see a pop-up message directing them to a website with information about the ban.
The Chinese-owned social media giant has remained silent since the Supreme Court decided the case Friday morning, while Trump said earlier in the day that he spoke with Chinese President Xi Jinping about a number of subjects, including TikTok.
“The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!” Trump wrote on Truth Social after acknowledging his conversation with Xi.
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As of Friday afternoon, a legal representative from TikTok had not commented on the Supreme Court’s decision. TikTok CEO Zi Chew posted a video to the company’s account following the ruling, but he did not directly state what would happen to the app in the U.S. on Sunday. However, he thanked Trump for his support of its future.
@tiktok Our response to the Supreme Court decision.
♬ original sound – TikTok
“To our American users, thank you for making TikTok a rich and vibrant space, for surprising and delighting us every day,” Chew said. “Rest assured, we will do everything in our power to ensure our platform thrives as your online home for limitless creativity and discovery.”