On January 17, the Supreme Court upheld a law mandating TikTok ban in the United States unless its parent company, ByteDance, divests from the platform by January 19. The ruling, delivered in an unsigned opinion without dissent, dismissed TikTok’s argument that the ban infringes on free speech rights under the First Amendment.
Background of the Ban
Discussions around banning TikTok in the US began in 2020, shortly after India imposed a similar ban. TikTok’s “Project Texas,” a partnership with Oracle to safeguard US user data by isolating the app’s code, was initiated as a response. Despite these efforts, momentum for a potential ban grew. In 2023, the Biden administration barred TikTok from government devices, though widespread apprehension of a complete ban remained low among brands, creators, and industry observers.
The legislative push gained traction in March 2024, when the House of Representatives passed a bill requiring TikTok to divest from ByteDance or face removal from US app stores. The bill received overwhelming bipartisan support, passing with a 352-65 vote. The Senate followed suit in April 2024. Efforts by TikTok to overturn the legislation were ultimately unsuccessful, with its final appeal rejected by the Supreme Court in January 2025.
Concerns Behind the TikTok Ban
US lawmakers and regulators have voiced significant concerns over TikTok’s potential national security risks. Critics argue that ByteDance, headquartered in China, could be compelled to share sensitive user data, such as location information, with the Chinese government under China’s intelligence laws. Concerns also extend to the possibility of TikTok’s content recommendation system being manipulated to spread misinformation.
These fears intensified during sensitive periods, such as the Israeli-Hamas conflict and the US presidential election, with accusations that the platform had facilitated the spread of antisemitic content. TikTok has consistently denied these allegations, emphasizing efforts to distance itself from ByteDance and bolster its data security measures.
Implementation of the TikTok Ban
The ban would primarily target app distribution platforms like Apple’s App Store and Google Play. If these platforms host or update TikTok, they could face civil penalties. Additionally, internet hosting services would be prohibited from aiding in the distribution or maintenance of TikTok.
The possibility of a forced divestiture has spurred speculation about potential buyers. Names floated include investment groups organized by former Treasury Secretary Steven Mnuchin, major US corporations, coalitions of private equity firms, and billionaire Frank McCourt, who has expressed interest in leading a purchase of the app.
