The Supreme Court on Friday, January 17, 2025, upheld a law requiring TikTok’s China-based parent company to divest from the app.
TikTok is now set to shut down its operations on Sunday, January 19, following the implementation of the "sell or ban" law.
This deadline was established after a bill signed in April 2024, requiring TikTok’s parent company, ByteDance, to divest its operations or face a ban.
The law mandates that the app be removed from Google and Apple stores, marking a significant shift for the platform.
In defense of the law, TikTok has argued that it violates the First Amendment by infringing on free speech. The company warned that if the ban takes effect, a third of its millions of users in the country could stop accessing the app within a month.
If TikTok is banned, the company plans to show users a pop-up message directing them to a website with more information. Users will also have the option to download their data before the app becomes unusable.
As the shutdown looms, the company is also preparing for potential consequences in other countries, where access may be disrupted due to the ban's impact on U.S. service providers.
The United States Supreme Court has sided with the Joe Biden's administration.
However, the Biden administration does not plan to enforce the law ahead of inauguration, ultimately leaving the decision to Trump and seemingly keeping the app online for the time being.
“Under these circumstances, we find the Government’s data collection justification sufficient to sustain the challenged provisions,” the court wrote in its opinion.
The justices sided with the Biden administration, finding that the divest-or-ban law does not violate the First Amendment just three days before President-elect Trump is set to take office.
Trump had urged the justices to delay the deadline so he could negotiate a deal, but the court instead acted with breakneck speed.
TikTok has argued that divestment is not a feasible option and that it will “go dark” as of Sunday.
It contended the impending ban infringes on the First Amendment rights of both the company and its 170 million American users.
The court rejected those arguments, instead ruling in favor of the government. The Biden administration asserted that any free speech concerns are superseded by a national security interest over the app’s ties to China, raising alarm that the Chinese government could access Americans’ data or covertly manipulate TikTok’s content algorithm.
Though the app would not automatically disappear for users who already downloaded it, TikTok is expected to eventually become unworkable, as the law blocks app stores from distributing the app or providing updates. However, the platform is reportedly also considering shutting down the app entirely if the ban goes into effect Sunday.
