TikTok ban debate reaches the Supreme Court this week. Here’s what to expect — and what could happen next.
Donald Trump, who will be inaugurated one day after the ban takes effect, has asked the justices to delay their decision until after he enters the White House.
The U.S. Supreme Court will hear arguments this week in a case challenging a law that seeks to ban the popular app TikTok in the United States if it is not sold by its owner, Byte Dance, which is based in China. The law, which was signed by President Biden in April 2024 and upheld by a Washington, D.C., federal court in December, is set to go into effect on Jan. 19.
TikTok has argued that the law is a violation of First Amendment rights. The federal government has claimed in its responses that the fact that ByteDance, TikTok’s parent company, is owned by China is a potential threat to national security. However, ByteDance has said since April that it has no plans to sell TikTok to an American company, as required by the law.
Donald Trump, who will be inaugurated for his second term in the White House one day after the ban goes into effect, has taken varying positions on TikTok. When he was president in August 2020, he threatened to ban the app if ByteDance didn’t sell it, but multiple federal judges blocked his attempts at the time. However, while running for reelection in 2024, he launched his own TikTok account and told followers he would “save TikTok in America” if he won the election.
As recently as Jan. 3, Trump asked, “Why would I want to get rid of TikTok?”
However, he may not ultimately have a say in the matter, especially if the Supreme Court chooses not to block the ban from taking effect.
Ahead of the oral arguments scheduled for Friday, here’s what you need to know about what could happen next for TikTok.
What’s happening at the Supreme Court on Jan. 10?
In December, the Supreme Court declined to grant a request by TikTok and ByteDance for an emergency injunction to block the ban, choosing instead to first hear oral arguments. On Thursday, lawyers for both sides will have the opportunity to make their case to the justices for and against banning TikTok.
In their filing to the Supreme Court, TikTok and ByteDance argued, "If Americans, duly informed of the alleged risks of 'covert' content manipulation, choose to continue viewing content on TikTok with their eyes wide open, the First Amendment entrusts them with making that choice, free from the government's censorship."
What action has Trump taken so far?
On Dec. 27, Trump filed a legal brief asking the Supreme Court to delay their decision on the TikTok ban until after he is officially in office on Jan. 20. The filing argues that the Supreme Court should allow Trump and his incoming administration to look into the political questions involved in the case, especially whether the ban is a violation of Americans’ First Amendment rights.
The filing also argues that Trump could find an alternative solution to the national security concerns associated with ByteDance.
As of reporting, the Supreme Court has not publicly responded to Trump’s filing. However, the Department of Justice has publicly asked the justices to reject it, saying the filing took “no position” on the First Amendment debate, which is the foundation of TikTok and ByteDance’s argument.
Once president, could Trump save TikTok?
If the Supreme Court allows the ban to take effect on Jan. 19, is there anything Trump can do to reverse that decision once he is inaugurated on Jan. 20?
The law does include a provision that allows the president to pause the TikTok ban for 90 days if ByteDance proves it is in the process of selling the app, Forbes reported. Trump could try to pause the ban himself for the first 90 days of his administration, but without evidence that ByteDance is actively working to divest from TikTok, his decision could be challenged in court.
Another option would be for Trump to ask his Justice Department and attorney general not to enforce the ban, Alan Z. Rozenshtein, an associate law professor at the University of Minnesota Law School wrote at Lawfare Media. However, in that case, most companies and individual users would probably be discouraged from using the app, since doing so would still technically be considered to be breaking the law.
Let’s say the ban officially goes into effect on Jan. 19. What's going to happen to the TikTok app?
If you do not have TikTok on your phone by Jan. 19, you will not be able to download it once the ban takes effect. On Dec. 13, the House Select Committee on the Strategic Competition Between the U.S. and the Chinese Community Party wrote letters to Apple and Google — which own the two main mobile app stores — reiterating that they must remove TikTok from their stores when the ban takes effect.
If you are one of the 170 million current U.S.-based TikTok users, the Department of Justice has stated that the ban will “not directly prohibit the continued use of TikTok” and won’t immediately eliminate the app from individuals’ phones. Instead, over time, without updates or technical help from TikTok, the app will slowly become “unworkable.”
India had about 200 million TikTok users before it banned the platform and dozens of other Chinese-owned apps four years ago, following a military clash along the India-China border. In response to the ban, India’s former TikTok users instead migrated to platforms like Google’s YouTube Shorts and Instagram’s Reels.
Will ByteDance sell TikTok?
The only way to avoid a full ban on TikTok in the U.S. is if ByteDance either sells the app or at least proves it’s trying to divest from the app.
Multiple American companies and entrepreneurs have offered to buy TikTok from ByteDance, including, most prominently, former Los Angeles Dodgers owner and Project Liberty founder Frank McCourt. Companies like Oracle, Walmart and Microsoft expressed interest in buying TikTok back in 2020.
However, ByteDance has made it clear since April that it has no intention of selling TikTok, despite the U.S. ban.