WWhat we know now:
- TikTok will be banned this Sunday, January 19th if it does not show a willingness to separate from ByteDance, its Chinese parent company… Unless the Supreme Court agrees with TikTok that its previous ruling violates freedom of expression.
- The justices rejected TikTok’s stance that its ban violated free speech, noting that a constitutional right has no impact on foreign-owned companies.
- The Supreme Court could decide as early as today.
It doesn’t look like a happy new year for TikTok.
The Supreme Court heard oral arguments related to the TikTok ban — and whether it violates First Amendment rights — on January 10, 2025, and could rule as early as today.
Here’s what you need to know about the status of the ruling and what could happen if the ban comes into force.
But first… How did we get here?
Hmm. Let’s start with some context: The Protecting Americans from Foreign Adversary Controlled Applications Act was signed into law in April 2024.
The name is a joke, but the ruling would ban US app stores and web hosting services from offering TikTok.
In other words: TikTok would be banned nationwide. (Cue: desperate Gen Zers everywhere.)
So what does the Supreme Court want from TikTok?
For TikTok’s parent company, ByteDance, to divest its US operations, well, The Sunday (January 19) – due to national security concerns over Chinese ownership and data practices.
The arguments: TikTok’s side
During Friday oral argumentsTikTok attorney Noel Francisco argued that the ban violated the First Amendment.
As he puts it: “If the First Amendment means anything, it means that the government cannot restrict speech to protect us from speech.”
He added: “The government has no vested interest in preventing foreign propaganda…Rather, the government’s real target is the speech itself, its fear that Americans, even if fully informed, will be persuaded by Chinese misinformation.” However, that is a decision that the First Amendment leaves to the people.
Francisco concluded: “(The ban) is also wholly inadequate and ignores the most obvious, less restrictive alternative: simply banning TikTok, Incorporated from sharing sensitive user data with third parties.”
Aside from TikTok’s argument that the ban violates freedom of expression, Francisco emphasized a few other important points:
- First: They say there is no documented evidence of the Chinese government accessing user data.
- And secondly: the given time frame is too tight for TikTok to separate from ByteDance.
The Supreme Court’s rebuttals
On Friday, judges appeared skeptical of TikTok’s arguments, asking how First Amendment rights would be affected if the law specifically targets a foreign owned Company. (Touche).
As Chief Justice John Roberts put it: “Congress agrees with (freedom of) expression. They don’t agree with a foreign adversary, as they have discovered, collecting all this information about the 170 million people who use TikTok.”
In other words, the judges are okay with us embarrassing ourselves with TikTok dances, mastering the art of whipping coffee, and endlessly searching for that one “life-changing” pasta recipe.
What they are not It’s okay for the Chinese government to take a look at our data while we do this.
Roberts further pointed out that Congress previously Found ByteDance “Be subject to Chinese laws requiring you to support or cooperate with the intelligence work of the Chinese government.”
Justice Elena Kagan also drew a parallel to concerns about the Soviet Union in the 20th century, stating: “If Congress had said, ‘Well, it’s very nice, we can have the Communist Party of the United States, but it has to separate, it has.” to completely separate itself from the Comintern and all international connections it maintains. Do you think that would have been completely okay?”
Can Trump reverse TikTok ban?
On Truth Social, Trump recently asked“Why should I get rid of TikTok?” with a graphic showing his 36 billion views on #trump and 24 million average views per post on @realdonaldtrump.
Many believe Trump can reverse the ban if it goes into effect.
To my knowledge he could do the following:
- He can suspend the ban for 90 days if TikTok proves that it is in the process of divesting from ByteDance (though without actual evidence of the divestment, this could be challenged in court).
- Trump could explain TikTok Is in accordance with the law, but this could still be challenged in court if ByteDance does not divest.
- He may try to negotiate a deal to sell TikTok to a US company, but only if ByteDance is willing to sell – which it hasn’t so far.
Beyond that, there’s not much he can do if the Supreme Court doesn’t overturn the idea on its own.
What happens if TikTok is banned?
It’s unclear what will happen if TikTok is banned this Sunday.
The official ruling only stipulates that TikTok must be removed from the app stores new Downloads, but a report from Tuesday The information According to two sources familiar with TikTok’s plans, the company said the app could no longer be used, rather than allowing people to continue using it.
However, another person with knowledge of the company’s planning told the story NBC News that shutting down TikTok was “a last resort.”
Even if TikTok does If you allow the app to remain accessible to those who have already downloaded it, TikTok updates will no longer be accessible, which would ultimately make the app unusable.
(There’s also the not-so-small problem that app updates are typically helpful for security measures. Without regular updates, your TikTok becomes increasingly vulnerable to hackers. Yikes.)
There are also other ways to access the app – such as using a VPN (virtual private network) or changing your phone’s region so you can access the app as if you were in another country.
But these efforts are short-lived and risky. At some point, the 170 million users who currently use TikTok will have to switch to alternative platforms.
What does this all mean for marketers?
Most likely, the misguided TikTokers will resort to Instagram Reels or YouTube Shorts, both of which mimic similar user behavior.
Additionally, if you use TikTok’s advertising tools, you would need to shift your advertising strategy to YouTube or Instagram.
Short-form videos aren’t going away, but TikTok might be. If that’s the case, it’s still important for your team to focus on how to invest in short-term videos on other platforms.
And while change can be scary, it’s important to remember: we’ll all be okay.
As Leanne Elliott, co-host of the Truth, lies and work Podcast, told me: “When it comes to platforms like TikTok, it’s important to remember that People and communities are far more resilient than the apps they use. Platforms come and go. Just think of MySpace, Vine or even the fact that Facebook is no longer what it used to be.”
She adds: “What remains constant is our need for connection and shared experiences. If TikTok disappears, creators and their audiences will move on together. The relationships don’t disappear, they just find a new home.”
She assumes that if TikTok disappeared tomorrow, people would move to YouTube Shorts, Instagram, and (drum roll, please…) LinkedIn.
As Elliott points out: “(LinkedIn) cries out for fresh, creative content, especially for those looking to build a career edge. In the next few years, LinkedIn could become a real hotspot for B2B developers getting on board now.”
It’s also important to remember that TikTok has never been a major lead driver for most businesses. While it can be fun to jump on the Tok trends, your business probably won’t suffer too much from the ban.
As Louis “Fonzi” Camejo, host of the Content is profit Podcast, told me: “I Personally, I don’t mind the ban for marketing reasons. TikTok is not a channel that has grown our audience, so we haven’t invested any time or resources into it. We found that while some clips had good reach, the user was not very interested in leaving the platform.”
We’ll update this post as we get more information, but for now…let’s wait and see.