Is TikTok Getting Banned? Here’s What You Need to Know

What happened?

The U.S. Supreme Court heard arguments on Jan. 10 about the federal law that would ban TikTok in the United States effective Jan. 19. TikTok’s owner and supporters say the ban violates the First Amendment’s protection of freedom of speech. The justices seemed to focus on the following issues:

1. Whether China-based TikTok owner ByteDance, as a foreign corporation, has any First Amendment rights.
2. Whether this law merely seeks to regulate the corporate structure of ByteDance and TikTok in the United States. If so, that means the law isn’t focused on the content of speech and should be reviewed under a lower level of scrutiny that asks whether there is a “substantial” reason for the law (in this case, protection of national security) and whether the requirement that ByteDance sell TikTok — as opposed to something less drastic — is an adequate method of meeting the government’s goal.
3. Whether the law singles out TikTok for regulation that is different from regulation of other social media platforms simply based on TikTok’s connection to ByteDance and how the Chinese government could be collecting and manipulating user content. That would require the government to demonstrate a “compelling” reason for the law (again, the government claims this law is needed to protect national security).
4. Whether this law is justified by the national security concerns the government raises and also whether a ban is the only way to protect national security. Could an alternative to the ban be requiring more transparency from TikTok about how user information is collected and manipulated?
5. Whether the court has the power to stop the law from going into effect before Jan. 19 without issuing a substantive ruling on whether it violates the First Amendment.
6. Whether ByteDance can still divest TikTok Inc. after Jan. 19 in a way that allows a new buyer to operate TikTok.

The wide-ranging set of issues makes it hard to see where a single set of five of the nine justices might agree on a single rationale favoring either the government or TikTok and its users. But it did seem like at least five justices were more welcoming of one or more of the government’s arguments than those presented by TikTok or the TikTok creators.

If that happens, the law could be upheld and the ban would go into effect unless the court steps in to delay enforcement or the president grants a 90-day extension as permitted by the law itself if there is significant progress toward TikTok’s sale.

What does this mean for me?

TikTok, Inc. v. Garland is important if you’re one of about 170 million U.S. users and creators on the popular app. Congress passed a law – which President Joe Biden signed – that would go into effect on Jan. 19 and is currently being reviewed by the Supreme Court. The law requires ByteDance Ltd., the Chinese company that owns TikTok, to (1) sell the app, (2) stop making the app available in the United States, or (3) pay a fine of $5,000 per user. This fine would also be imposed on any other company that makes TikTok available in the United States, such as the Google and Apple app stores.

It is unlikely that ByteDance would pay a fine that would run into the billions just to operate TikTok in the United States. It is even less likely that an app store would pay this fine. If the Supreme Court upholds the federal law, it is likely that the only way TikTok will be easily available to U.S.-based users is if ByteDance sells it.

Why are lawmakers trying to ban TikTok?

Lawmakers have claimed that the TikTok app allows ByteDance to share Americans’ personal information with the Chinese government, which could then spread anti-American propaganda in a way that threatens U.S. national security.

TikTok has also been criticized as an outlet whose users spread misinformation and for its popular “TikTok challenges” that encourage people to post videos of risky behavior. The law banning TikTok was upheld by the U.S. Court of Appeals for the District of Columbia on Dec. 6, 2024. The Supreme Court is reviewing that decision. The Court of Appeals agreed with the government’s claims about national security and that a ban is the best way to avoid those threats.

During his first term in office, President Donald Trump issued an executive order to ban TikTok, but it was struck down by a lower court in 2020. In December 2024, President-elect Trump asked the Supreme Court to delay the TikTok ban.

In 2023, Montana’s attempt to ban TikTok in the state was overturned by a court as a violation of the First Amendment.

What does TikTok owner ByteDance say?

ByteDance says the ban would violate the First Amendment protection of freedom of speech. The company was joined in its challenge of the law by eight TikTok creators and by the nonprofit Based Politics, which uses social media to promote free markets and individual liberties to younger audiences.

They say there’s no proof that ByteDance gives personal information to the Chinese government or that it’s used to spread anti-American propaganda. They argue that means there is no real threat to national security. And they say there are other ways to achieve the goal of protecting national security besides banning TikTok, such as by requiring TikTok to provide regular reports to the government.

What happens now?

The court could issue its ruling before Jan. 19 or order a delay on when the law goes into effect while it reviews the case. ByteDance could also seek a 90-day extension of the deadline, as permitted by law.

This article was updated Jan. 10, 2025. It will be updated with future developments.

Kevin Goldberg is a First Amendment specialist for Freedom Forum. He can be reached at [email protected].