Supreme Court Leans Toward Upholding TikTok Ban

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TikTok started making its case against the US government’s divest-or-ban law in front of the Supreme Court on Friday… and so far, it seems that the Justices are siding with upholding the law. That means TikTok could really be gone on January 19th when the law takes effect.

Why It Hits: We don’t need to make the case for how much of a cultural juggernaut TikTok has become over the past five years — 170 million American users, billions in advertising dollars, and social media dominance. But it’s safe to say a ban that takes the platform offline in the US would create unprecedented waves across the economy and digital media ecosystem.

Behind the Arguments: So, what happens if the Supreme Court rules in favor of the divest-or-ban law?

  • Apple, Google, and other app stores would need to remove TikTok by January 19th or face fines of $5,000 per American user — a sum that would reach hundreds of billions.
  • That means you won’t be able to download or update the app or access it via a web browser. You’ll still have the existing version of the app on your phone (that’s not illegal), but it will degrade over time.
  • But plot twist: TikTok said the platform will “go dark” if the law goes into effect. That means users will be blocked from seeing videos, even with the app downloaded. That’s already happened in India, which banned the platform in 2020.
  • The only way to get around that would be to use a virtual private network (VPN), which obscures a user’s location… thus working around the app’s geofencing.

Final Ruling: So, how’s everyone reacting to this fast-approaching reality? A little panicky and a little in disbelief. Advertising dollars are still flowing to TikTok in the hopes of seeing every marketing moment squeezed for as long as they’re available. But creators are pushing users to follow them on other platforms, migrating content to other apps, and reconfiguring contracts to allow TikTok deals to be transferred to Insta or Shorts if the platform goes offline.

As for TikTok itself, some parties are already making official bids for the US operations without its world-famous algorithm. But parent company ByteDance has put cold water on those offers by saying China would never allow the company to sell the platform in any iteration. C’est la vie.

Go Deeper: So, what do you think will be the next TikTok?

David Vendrell

Born and raised a stone’s-throw away from the Everglades, David left the Florida swamp for the California desert. Over-caffeinated, he stares at his computer too long either writing the TFP newsletter or screenplays. He is repped by Anonymous Content.

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