TikTok Ban live: Breaking – Supreme Court upholds TikTok ban, but it could still survive in US

TikTok has finally commented after the Supreme Court’s denial of its ban appeal and these are probably not the words you were expecting.

Without directly addressing the ruling, TikTok CEO Shou Chew took to TikTok’s main account and posted a roughly minute-and-a-half-long video that basically thanked incoming President Donald Trump for his support.

“I want to thank President Trump for his commitment to find a solution that keeps TikTok available in the United States,” says Chew, which is the first public acknowledgment that they are working directly with Trump on a solution. Chew never mentions current President Joe Biden or the Supreme Court.

Instead, he continues on about Trump and how he is supporting TikTok, calling Trump’s position a “strong stand for the First Amendment and against arbitrary censorship.”

The video is basically a love-letter to the soon-to-be two-time President and that may be because that’s how the President prefers it, especially if he’s going to “save” TikTok in the US..

Chew adds, “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 the world and generating more than 60 billion views of his content in the process.”

Again, highlighting Trump’s performance on the platform seems to be about massaging the politician’s ego.

The next bit, though, is important because it’s the first indication that TikTok sees a window to keep the platform running here well into 2030.

“To all American users, 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.”

What we do not have here are any details of how a Trump exec order on Jan 20 (Inauguration Day in which Chew will be in attendance) might work and if it will rescind the ban or just kick the deadline down the road.

@tiktok

Our response to the Supreme Court decision.

♬ original sound – TikTok

China’s on the call

While no one, including TikTok, has commented on the Supreme Court ruling, there was some action right before the Justices upheld the ban.

TechCrunch reported that incoming president Donald Trump had a call with China President Xi Jinping about a whole raft of Chinese/US relation issues, including TikTok right before the ruling dropped.

No word on the contents of that call aside from Trump promising, according to TechCrunch to make his final TikTok decision in the “not too distant future.”

Compared to international trade and cyber espionage issues, banning TikTok might seem like small potatoes but keeping or losing TikTok in the US might impact how 170 million Americans feel about Chinese/US relations.

Supreme Court: the US Government was ‘justified’

Now that we’ve had a bit of time to read through the ruling, it’s clear that the Justices see TikTok as more than just another social media company operating on US shores. The justices have no illusions about the data-collection practices of other, similar platforms.

“Data collection and analysis is a common practice in this digital age. But TikTok’s scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government’s national security concerns.”

Essentially, the Justices wrote that any other company without such a connection to a foreign adversary would’ve warranted a closer look at the provisions of this ban. TikTok’s relation to China automatically puts it in a different class of company and they rejected TikTok’s call for more scrutiny.

The Supreme Court is also aware of TikTok’s place in the US and how more than half of the country is on the platform using it as “a distinctive and expansive outlet for expression, means of engagement, and source of community.”

Ultimately, though, they appear to side with US Congress that “divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”

Now TikTok’s fate rests in the hands of two Presidents: one outgoing and one incoming. The next 72 hours should interesting.

The US Supreme Court rules against TikTok

In a largely expected decision, US Supreme Court Justices ruled against TikTok’s efforts to stall or kill the ban based on First Amendment principles.

In their ruling [PDF], the judges wrote: “we conclude that the challenged provisions do not violate petitioners’ First Amendment rights.”

While the decision would appear to leave TikTok and parent company ByteDance out of options, we know that there’s now a flurry of activity to “save” TikTok from the very same people who sought to ban it.

Incoming President Donald Trump wants to save it and could take action as soon as he enters office. Outgoping President Joe Biden’s administration now says that they won’t enforce the ban, which means there will be no fines or other actions of TikTok does not immediately comply.

But that doesn’t stop the ban from being a thing and ByteDance from removing the app from US app stores in a fit of understandable pique.

This show is still far from over.

Is the chill is fading?

While TikTok executives are exuding extreme chill when it comes to the potential ban, the rank-and-file TikTok employees might be feeling the pressure, at least a little bit.

Jess Puro, a Client Solutions Manager at TikTok posted a short TikTok this week with the caption, “walking into work at TikTok this week…”

In the video, Puro strolls into what appears to be TikTok headquarters in Texas and waves at a coworker who is getting a beverage. Puro says a tentative “Hey” and the coworker offers an equally tentative “hey” back. The next shot is of Puro sitting hugging a TikTok logo plushy while she asks the coworker, “How ya all doin?'”

Her tone is hopeful but there’s something else there, too. Take a look and see what you think while we wait for the SCOTUS ruling.

@jnpuro
♬ original sound – Ellies discord kitten

Back to Google?

You know who might cheer the possible TikTok ban? Google.

Last year, NiemanLab reported that 40% of Gen Z is using TikTok (and Instagram) as their primary search tool. This data apparently came from inside Google.

TikTok has a hold on teens and young adults not just for entertainment. They use it as a search engine to find and learn things and connect with products and even brands. It’s also a news source. Why Google Search when you can TikTok? Why spend time scanning traditional media for news when it can be spoon-fed to you in the form of entertainment?

The loss of TikTok could send Gen Z back to Google but it’s just as likely they’ll find other information sources, though I’m not sure I’d recommend RedNote, despite its sudden rockstar status.

Chris Brownlee, VP of Product at Yext, a brand presence platform company, sent me these thoughts about the future of search and suggestions to brands for discoverability on other platforms:

“Apps like RedNote are reporting a surge in downloads, while many users are turning to Instagram Reels, YouTube Shorts, Reddit, and review sites as alternative ways to find information. Not forgetting the growing wave of AI-powered search, from Open AI’s SearchGPT to Google’s Gemini.

Even if TikTok goes offline, or the ban is temporary, search behavior is already changing. What continues to be most crucial for brands is that wherever and however consumers ‘find’ them, the information on that platform is accurate.”

Justices could rule at 10AM ET

Today’s the day or sort of the day. It’s the US Supreme Court’s last chance to rule on the TikTok ban. The social media company’s chances with the justices were never good. Its First Amendment argument was thin, at best.

Even so, this should be the day if the judges plan to rule. The word could come as early as 10AM ET, and there are now signs that they will do just that. Once the Justices deliver the expected ruling against ByteDance and TikTok, it’s back to options B and C for the platform.

The most likely path forward for TikTok is the Biden Administration’s apparent plan to act like the ban is not in effect and not penalize anyone, including ByteDance.

ByteDance, though, may still pull the app from the App Store until a ban is officially rescinded. And it’s not clear that will ever happen.

RedNote continues to have its moment

In the midst of all the TikTok uncertainty – we’re still waiting for the US Supreme Court’s decision on whether to uphold the ban – RedNote continues to be the epicenter of a strange cultural moment.

I’ve downloaded the app and its Trending tab is naturally all about Chinese and American influencers seeing the lighter side of looming ban, and largely mocking its motivations. So-called ‘TikTok refugees’ are greeted by Chinese language lessons and the inevitable reaction videos.

Many US users are openly saying they’re on RedNote out of spite and that their government’s interventions are worthy of trolling. RedNote is definitely an ‘interesting’ place right now, but from what I’ve seen there’s no way it’ll become a TikTok replacement.

The latest noises from the Trump camp suggest they’ll be using the law’s 90-day extension clause (triggered if ByteDance shows it’s moving towards a sale) to prevent TikTok from going dark on January 19. Whether or not that’s actually possible is something we’ll hopefully find out soon…

What if we don’t collect?

NBC News is now reporting that the Biden Administration’s plan is to not collect fines when the TikTok ban officially goes into effect on January 19.

This means that while the ban will be real, there will be no penalties to any third party for, say, hosting the app on their platform. Apple’s App Store could keep hosting it without worry. Oracle could keep hosting the data without concern.

If this happens, it leaves time for incoming President Trump to make a new executive order that either gives TikTok an extension or maybe rescinds the whole thing.

None of this is confirmed by White House officials or TikTok. In fact, since ByteDance might still react to the ban going through by pulling its app from US services, Biden’s possible actions might not matter.

There’s also the question of the Supreme Court ruling on whether or not the ban violates TikTok’s First Amendment rights. The lack of a penalty would make that potentially moot.

As usual, nothing is certain and the clock is still tick-tocking.

@nbcnews
♬ original sound – nbcnews

Tell us how you really feel, Tom

That Senator Markey Act seeking to save TikTok I mentioned earlier was swiftly blocked late Thursday afternoon by another legislator, Senator Tom Cotton, who called TikTok a “Chinese Communist spy app that addicts our kids, harvests their data, targets them with harmful and manipulative content and spreads communist propaganda.”

Clearly Cotton is no fan (though it also sounds like he’s never been on the app). He added this denouement which more else less sealed the fate of Markey’s bill: “Let me be crystal clear, there will be no extensions, no concessions, and no compromises for TikTok”

On brand

If you can’t keep making TikToks (eventually) you make hay, and by hay, I mean a bit of marketing magic. I noticed at least one savvy brand jumping into the TikTok ban fray with a short but clever take.

Wendy’s, the fast food burger chain, hopped on X (formerly Twitter) with a brief post about the state of two tech franchises.

“Can’t believe we’re getting TikTok ban before gta 6,” posted Wendy’s referring to both the impending ban and our very long wait for Grand Theft Auto 6.

According to the latest reports, the fast-paced open-world game won’t arrive until much later this year. That’s 12 years after the last edition. That long wait is what makes Wendy’s tweet so, so funny.

I’ll be keeping an eye on the socials to see what other brands do.

I don’t know about the rest of you but my TikTok usage has skyrocketed in recent days. I think I’m subconsciously trying to consume all of it before it’s gone.

This means I am seeing every single goodbye. The angry ones (a lot), the funny ones (a close second), and the heartbreaking sad ones. People crying, wondering if they can rebuild the community elsewhere.

When I talk about TikTok disappearing, a common refrain is, “So what, people will just go elsewhere and soon forget TikTok ever existed.” They’re only partially correct. It is easy to join Instagram and post Reels, or do the same with YouTube Shorts, but community and audience building takes considerable effort and time, sometimes years.

I think back to when Vine (the 6-second video platform bought by Twitter) shut down. It was devastating and, yes, many former Viners ended up on TikTok but it took years for it to feel like a true – and even better – replacement.

If and when TikTok goes dark in the US, there will be a period of mourning. So allow me these last scrolls; I want to have something to remember TikTok by.

Leave it to…Trump?

Incoming US President Donald Trump has already made his newfound adoration for TikTok clear but now we have evidence that he wants to take an active role in saving the platform.

According to the BBC One of Trump’s top advisors, Congressman Mike Waltz, says Trump will step in if the US Supreme Court decides to uphold the ban (we’re still awaiting its decision).

Trump’s actions will hinge on a clause in the law that allows TikTok a 90-day extension if they’ve made significant progress in a sale. That determination may be up to Trump who could on Monday after he’s inaugurated make that a priority.

That action, though, will come after the ban takes effect. Does TikTok just hold tight and flout the ban for 24 hours or so and wait for Trump to make the save? Third-party partners might not be comfortable with that. They don’t want to end up paying fines, after all.

Again…so many questions.

Senator Markey has other ideas

The most remarkable thing about the looming TikTok ban is its almost universal support across the political spectrum. This appeared to be the only thing Democrats and Republicans agreed on, plus it had the full support of the White House.

In these sharply divided times (at least in the US), no one agrees about anything – except of course about the “dangers” of TikTok.

There is, however, an almost lone voice of dissent. Massachusetts Senator Ed Markey has been a staunch Tiktok defender and a relatively new on-platform creator. Yesterday, Se. Markey introduced the “Extend the TikTok Deadline Act” in the Senate. No telling if the bill will go anywhere but you’ve gotta love the guy for flying into the wind.

@senmarkey
♬ Love You So – The King Khan & BBQ Show

A special guest

Guess who’s coming to President-elect Trump’s inauguration on January 20? TikTok CEO Shou Chew has an invite, that’s at least according to sources speaking to NBC News.

If Chew attends the ceremony and festivities, he’ll also likely have some sit-down talks with Trump about the future of the platform. Chew’s arrival a day after the ban takes effect might be problematic but then there is a chance that President Joe Biden might issue an exec order stay of execution as he’s walking out the White House doors.

It’s a lot of moving pieces and it’s still unclear what Trump’s invite means and how he really views TikTok. He may still demand a sale to a US company but just give TikTok more time to do it.

A Beast enters the arena

YouTube showman and over-caffeinated philanthropist Mr. Beast (real name James Stephen Donaldson) has produced several TikToks this week saying that he is buying TikTok. The YouTuber is well known for stunts and this may simply be another one.

As I noted earlier ByteDance has never put the platform up for sale but Donaldson appears undaunted.

@mrbeast
♬ original sound – MrBeast

Things we can’t control

I’ve spent the past few weeks trying to get someone at TikTok to go on the record about what’s about to happen and how the US-based team is preparing. No one is ready to talk.

I did, however, attend a TikTok cocktail party after a TikTok 5th annual What’s Next Trend Report session at CES 2025. As I hobnobbed with various TikTok execs, they all expressed the same mood: this is beyond our control. They were cheerful, weirdly positive, and focused on the future, as uncertain as it is.

Most like to focus on the current and continuing positive impact Tiktok has had on countless businesses, from startups to long-established ones. They have plans for them and are still building tools to support them.

As Sofia Hernandez, Global Head of Business Marketing for TikTok said in a release, “In 2024, we saw brands push creative limits, lean into trends, and connect with their communities in powerful ways, but 2025 is set to take it even further.”

I wonder if any are sending frantic notes to ByteDance headquarters begging them to sell the company (ByteDance has always said it has no interest in a sale) but none of that anxiety was in evidence that evening. They’re just doing what they can now and will react to the changes if and when they come.

Kind of like the 150 million US-based TikTok users

#TikTokRefugees

TikTok refugees are already planting flags on what they think are safer shores. Many have joined RedNote, another Chinese app that shares many of TikTok’s features, but adds in Chinese language controls and content for good measure.

I wrote about the phenomenon here and have since counseled many that, while this app looks like fun, it has even less chance of surviving than TikTok. As a true Chinese app, it has none of TikTok’s US data protections. The same goes for Lemon8, which is also owned by TikTok but does not necessarily run in the US.

For the moment, TikTokers seems reluctant to move over to US-based options like Instagram Reels or YouTube Shorts. They may soon have no choice, though.

Biden as rescuer?

Because TikTok’s ban is set to take effect on January 19th, the final day of President Joe Biden’s term and a day before President Trump takes office, there’s been some confusion (and maybe concern) about which US leader would have the final say.

Trump has recently signaled he might be in favor of keeping TikTok alive in the US. Biden hasn’t said much recently about the issue, but now his administration is signaling, if not a change of heart, an interest in a slightly different ban scenario.

According to a report on NBC News, Biden’s office might no longer want TikTok to go dark on the 19th. There may be an interest in deferring the final decision to Trump when he takes office.

The report, however, then all but scuttles that hope, quoting one official who told them, “We are not considering deferring enforcement…Statutorily, we don’t believe we have the authority to do that.”

In other words, no one knows what’s going to happen on Sunday.