Will TikTok Be Banned on Sunday?

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Over the past week or so, we’ve gotten a definite sense that TikTok and its parent company, ByteDance, have successfully called America’s bluff. As the January 19 deadline for a ban on the Chinese-owned social media network loomed closer, politicians on both sides of the aisle, including President Biden and President-elect Trump, have all begun searching for ways to circumvent the ban and save TikTok.
While legal experts have been debating on precisely how much can be done, TikTok announced earlier this week that it will go completely dark unless the government intervenes after a last-ditch effort to appeal to the Supreme Court appeared destined to fail.
On Friday, the Supreme Court handed down its decision upholding the ban in a rare 9-0 decision, with no dissent. While TikTok had hoped to get the ban overturned on grounds that it impinged on US citizens’ First Amendment rights to free speech, the nation’s highest court agreed with lawmakers that their “well-supported national security concerns” supersede those rights.
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. 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. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.
Supreme Court in 24-656 TikTok Inc. v. Garland (01/17/2025)
That ended the formal legal battle, putting the ball back in the courts of two Presidential administrations and Congress, which have been fighting to walk back or at least delay the ban on multiple fronts.
While the battle over TikTok runs back to the first Trump Administration, it kicked up again in earnest early last year when Congress passed the Protecting Americans From Foreign Adversary Controlled Applications Act, which was signed into law by President Biden in April 2024, giving TikTok nine months to sell itself off to a non-adversarial company or face a ban. The deadline for that action was set at January 19.
Now that TikTok has exhausted its final appeal, a ban seems highly likely unless the powers that be can somehow intervene. While the terms of the ban would have likely only required that Apple and Google remove the app from their respective app marketplaces, allowing those who already have the app installed to continue using it, TikTok has said that it will pull the plug for all users in the United States when the deadline arrives on Sunday.
Nevertheless, lawmakers on both sides seem to be looking for ways to stop that moving train. On Monday, Senator Ed Markey (D-MA) announced plans to introduce a new bill, the Extend the TikTok Deadline Act, to give the company an extra 270 days to divest from its Chinese parent company. The status of that bill is uncertain, but it’s likely moving at the speed of government and won’t get through in time to stop the ban.
Meanwhile, President Biden, likely unwilling to leave a legacy of shutting down one of the most popular social media apps in the US on his last day in office, has also been looking for ways to keep TikTok available after Sunday. Officials initially said the President was “exploring options” and that “Americans shouldn’t expect to see TikTok suddenly banned on Sunday.” However, they also conceded that they don’t have the authority to defer enforcement of the ban if it comes into effect.
Meanwhile, President-elect Donald Trump, who will take office on Monday, has repeatedly stated that he plans to find a way to save TikTok. While the incoming President has no authority to do anything until he enters the Oval Office, he told NBC News that he would “most likely” find a way to grant a 90-day extension “because it’s appropriate.”
Technically speaking, that means TikTok could end up going dark for one day until President Trump can deal with the matter officially. However, Biden administration officials have already called TikTok’s claim that it would go dark “a stunt,” according to The New York Times. For its part, TikTok issued a statement late Friday calling on the Biden administration to assure Apple and Google that they “would not be punished for delivering TikTok’s services in the United States.”
In a statement, White House press secretary Karine Jean-Pierre said that “actions to implement this law will fall to the next administration,” suggesting that President Biden has concluded his hands are tied to do anything about it with less than two days left in office. The Biden administration has previously signaled that federal officials will not “immediately take action” against Apple, Google, or other companies under the law, but TikTok is not convinced those comments are enough.
The statements issued today by both the Biden White House and the Department of Justice have failed to provide the necessary clarity and assurance to the service providers that are integral to maintaining TikTok’s availability to over 170 million Americans.
TikTok statement
Trump has reportedly been looking at ways to issue an executive order that would allow TikTok to continue operating once he takes office, but it’s unclear if he has the authority to half a ban. Legal experts believe the President could direct the Justice Department not to enforce the law, but such an order may fail if challenged in court.
The original law also gives the President the authority to extend the deadline by 90 days, but only to provide additional time to close a deal if a viable buyer is already at the table. No clear buyers have emerged, and ByteDance has previously expressed an unwillingness to sell. Still, it’s entirely possible that Trump, the “dealmaker,” could very well be ready to pull something out of his pocket and save the day.