Supreme Court Could Rule TikTok Ban as Early as Wednesday

Social media has become a huge part of our everyday lives, whether we're posting, checking in on our friends, or scrolling through millions of videos curated by our own personal algorithms. However, there is another side of social media that only a small portion of the world is familiar with - making money.

Social media influencers make money by posting content, promoting products, and gaining more followers and ultimately views.

The U.S. Supreme Court is expected to issue a crucial decision on the fate of TikTok as early as Wednesday, January 15, 2025, with just days remaining before a potential ban takes effect.

Details of the Ban

The high court heard oral arguments last Friday in the case of TikTok vs. Garland, which challenges a federal law requiring the popular social media app to sever ties with its Chinese parent company, ByteDance, or face a ban in the United States.

During the two-hour hearing, justices from across the ideological spectrum expressed skepticism about TikTok's First Amendment arguments, suggesting that the court may be inclined to uphold the law. Chief Justice John Roberts questioned whether the First Amendment was even relevant to the case, noting that Congress appeared to be concerned with national security rather than restricting expression.

Justice Brett Kavanaugh emphasized the national security implications, referencing warnings from the U.S. Solicitor General about potential manipulation of information and data collection by the Chinese government. The government argues that without divestiture, TikTok could be exploited for espionage and political influence.

The Issue of Free Speech

TikTok, which has approximately 170 million American users, argues that the law unfairly targets the company and infringes on free speech rights. Something that Meta has recently been an advocate for as they're removing their "fact-checking" program for more of a community forum, similar to Elon Musk's "X", formerly known as Twitter.

However, the justices seemed to agree that the law would not violate the First Amendment as long as ByteDance transfers ownership to an American-based entity.

The case is further complicated by the impending presidential transition. President-elect Donald Trump, set to take office on January 20, has expressed support for keeping TikTok available in the U.S. and has urged the Supreme Court to delay implementing the law.

Supreme Court Options

As the January 19 deadline approaches, the Supreme Court faces several options, including upholding the ban, striking it down, or potentially finding a middle ground that addresses national security concerns while preserving access to the platform. The decision could have far-reaching implications for international technology companies operating in the U.S. and the broader landscape of social media regulation.

What Happens if TikTok is Banned?

The most likely method for enforcing the ban would be to order app stores, such as Google Play and Apple's App Store, to make TikTok unavailable for download in the U.S. Lawmakers have already instructed these tech giants to prepare for the app's removal from their platforms if the ban takes effect.

While existing users would still have TikTok on their phones, the app would no longer receive updates, potentially leading to bugs and security vulnerabilities. TikTok's own lawyer has stated that the app will "go dark" in the U.S. unless the Supreme Court rules in its favor.

However, there are potential workarounds. Users might turn to VPNs or change their app store regions to access TikTok, though these methods could violate terms of service agreements. The government has anticipated such measures and is also proposing to ban "internet hosting services" from providing access to the app.

The ban remains complex, with experts unclear about the extent of U.S. authority to enforce the law. Professor Milton L. Mueller of the Georgia Institute of Technology warns that such a ban could legitimize the fragmentation of the internet along national boundaries.

While users and influencers face the uncertainty of the ban, rival social media platforms stand to benefit. Instagram Reels, YouTube Shorts, and even Facebook could see an influx of users and advertisers if TikTok is banned. However, some experts argue that no existing app can truly replace TikTok's unique features, particularly TikTok Shop.

With 170 million U.S. users at stake, the outcome of this legal battle will have far-reaching implications for social media, digital advertising, and international technology relations.

With the clock ticking, millions of TikTok users, content creators, and businesses that rely on the platform wait for a ruling that could reshape the American social media landscape.