Is TikTok banned? Can you still use it? What to know after ban upheld by Supreme Court
The U.S. Supreme Court officially upheld the law to ban the TikTok social media app on Friday.
The case has become a pivotal moment in the debate over free speech and national security, following President Joe Biden's new act to ban TikTok in the U.S. if its China-based parent company, ByteDance, does not sell its U.S. assets by January 19, 2025. The ban will make it illegal to distribute the app through the Apple App Store and Google Play.
The U.S. Supreme Court heard oral arguments last Friday from TikTok, which claims the ban is a breach of Americans’ First Amendment rights. TikTok called the ban a “massive, unprecedented restriction” on free speech. At the same time, the Justice Department said the restriction is not on speech but on a foreign adversary’s ability to control a widely used means of communication.
And after more than a week, the court upheld the law that would effectively ban the app.
Biden won't enforce ban; decision now up to Trump
Days before the SCOTUS decision was reached, Biden said he would not enforce the ban, sowing confusion amongst its users. Despite this, TikTok announced this week that it was preparing to shut down the platform on its own on Sunday if the ban indeed goes into effect, per multiple reports.
"President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law," a White House spokesperson said Friday. "Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday."
Heads are now turning to Trump, who took to social media minutes before the ban was upheld to say he’d just spoken with Chinese President Xi Jinping about TikTok and other issues.
“It is my expectation that we will solve many problems together, and starting immediately,” he said. “We discussed balancing Trade, Fentanyl, TikTok, and many other subjects. President Xi and I will do everything possible to make the World more peaceful and safe!”
After the SCOTUS decision was announced, Trump told CNN he would be making a final decision after taking office. “It ultimately goes up to me, so you’re going to see what I’m going to do,” he said. “Congress has given me the decision, so I’ll be making the decision."
He later posted again on Truth Social, saying, "The Supreme Court decision was expected, and everyone must respect it. My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!"
It is still unclear what this will mean for the millions of American users of the app.
TikTok shares comment on SCOTUS decision on app
In a post to the official TikTok and X accounts made around 12:30 p.m. ET, roughly two and a half hours after the SCOTUS decision was announced, TikTok's CEO Shou Zi Chew shared a hopeful message to American users, saying he will be working with President Trump to keep the platform available in the U.S.
"I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States. This is a strong stand for the First Amendment and against arbitrary censorship," he said. "We are grateful and pleased to have the support of a president who truly understands our platform - one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process."
"Rest assured, we will do everything in our power to ensure our platform thrives as your online home for limitless creativity and discovery as well as a source of inspiration and joy for years to come," he finished.
TikTok has not responded to Paste BN's questions about the future of the app and what will happen to it come Sunday.
Read TikTok CEO's full statement below
"Hi everyone, it's Shou here. As you know, we have been fighting to protect the constitutional right to free speech for the more than 170 million Americans who use our platform every day to connect, create, discover and achieve their dreams.
On behalf of everyone at TikTok and all our users across the country, I want to thank President Trump for his commitment to work with us to find a solution that keeps TikTok available in the United States. This is a strong stand for the First Amendment and against arbitrary censorship. As we've said, TikTok is a place where people can create communities, discover new interests, and express themselves, including over 7 million American businesses who earn a living and gain new customers using our platform.
We are grateful and pleased to have the support of a president who truly understands our platform - one who has used TikTok to express his own thoughts and perspectives, connecting with the world and generating more than 60 billion views of his content in the process.
To our American users, thank you for making our TikTok community such a rich and vibrant space for surprising and delighting us every day. Rest assured will we do everything in our power to ensure our platform thrives as your online home for limitless creativity and discovery as well as a source of inspiration and joy for years to come. Thank you, more to come."
Will I still be able to use TikTok after Saturday?
Under TikTok’s reported plan to shutter the platform in the U.S. on Sunday, people attempting to open the app will see a pop-up message directing them to a website with information about the ban, Reuters reported, citing sources who requested anonymity as the matter is not public.
The company also plans to give users an option to download all their data so that they can take a record of their personal information, reports say.
And while Shou has expressed hope for saving the app by working with Trump, Alan Rozenshtein, an expert on the law and technology policy at the University of Minnesota Law School, said none of Trump’s options are “particularly promising.”
“The bottom line?” Rozenshtein wrote in an analysis posted on Lawfare. “There are a lot of moving pieces and it's foolish to make particularly confident predictions, but the most likely outcome is that TikTok goes dark on the 19th and stays that way for the immediate future.”
This story has been updated to add new information.
Contributing: Eric Lagatta, Greta Cross, Maureen Groppe, Paste BN