The Supreme Court Upheld the TikTok Ban, But Will It Actually Be Banned?

The Supreme Court ruled against TikTok this morning, paving the way for the video-sharing service to be banned starting Sunday. The Court decided that the First Amendment does not protect ByteDance, the Chinese company that owns TikTok, because all speech currently on the platform could continue to exist under new ownership. The ruling was based on national security concerns outlined in Congressional legislation signed by President Biden.

“There is no doubt that, for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, means of engagement, and source of community,” the decision stated. “But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”

Will TikTok actually be banned? That remains uncertain, though it seems unlikely. While Democrats helped pass the law signed by Biden, most assumed ByteDance would divest and sell to an American buyer. ByteDance, however, focused on finding a way around the legislation but ultimately failed.

Despite the Court’s decision, reports suggest Biden is unlikely to enforce the ban on Sunday, effectively leaving the decision to Trump. While Republicans are generally in favor of banning TikTok, Trump is not. In fact, Trump invited TikTok’s CEO, Shou Chew, to his inauguration, granting him a seat of honor. Trump reportedly believes TikTok helped him get elected and therefore sees it as beneficial, despite his earlier claims about the threats posed by China.

Trump is expected to delay the ban by 60 to 90 days, either to allow ByteDance to find a buyer or to devise an alternative plan. There are rumors of potential buyers, including Elon Musk (and even MrBeast), but no deals appear to be in the works that would meet Sunday’s deadline.

Meanwhile, many TikTok users are downloading Red Note, another Chinese social media app, out of spite.