Recently, TikTok users have observed their favorite influencers bidding farewell and sharing alternative platforms where they can be reached. With Congress’ forthcoming prohibition of the app looming over the United States, set to take effect this Sunday, TikTok enthusiasts seem to be in a precarious situation. Just this Friday, the Supreme Court affirmed its decision to endorse the ban, primarily based on Congress’ concerns regarding the Chinese government’s potential access to American user data. However, this ruling may not fully conclude the ongoing saga.

The Supreme Court’s Confirmation of the TikTok Ban

In a per curiam ruling released Friday morning, the Supreme Court confirmed the TikTok ban that is set to remove the application from digital marketplaces beginning Sunday, January 19. This decision represents a severe blow to hopes that TikTok could continue to function as it has. Despite recognizing that “TikTok provides a unique and extensive platform for expression” for “over 170 million Americans,” the Court ultimately sided with Congress’ substantial national security apprehensions.

Interestingly, the opinion contains a glimmer of hope for current users as they look towards alternative applications. The justices acknowledged that TikTok embodies “emerging technologies with significant impact,” cautioning that the ruling should be interpreted as narrowly applicable and not a precedent for upcoming cases. Furthermore, they emphasized that their rationale is “content neutral,” attempting to dispel fears that the true motivation behind the ban centers on user content rather than data privacy issues.

What Lies Ahead for TikTok?

Legally, the terms of the TikTok ban do not necessitate the shutdown of the app’s operations in the United States; instead, it hinders its distribution through app stores. In this scenario, new users would be unable to download the app, and existing users could find it becoming less functional over time. Thus, the platform’s decline would be gradual. Reports indicate, however, that TikTok may consider a more drastic measure, potentially shutting down entirely as a last-resort strategy to contest the prohibition following the Supreme Court’s endorsement.

This approach appears to challenge the government’s authority. American users have already demonstrated a readiness to switch to comparable Chinese platform Xiaohongshu (known as RedNote) as a protest against TikTok’s ban, and TikTok fans have swiftly dismissed the option of migrating to Instagram Reels or other U.S.-based platforms. By entirely removing access to the app, TikTok could spur users into activism, potentially motivating them to reach out to their representatives as the shutdown takes effect.

The parent company, Bytedance, appears averse to selling the application to an American firm, which is the sole condition under which TikTok could maintain its operations. Although overcoming a Supreme Court ruling is challenging, Bytedance seems determined to influence public sentiment in its favor.

There are already signs of success; influential politicians from both parties have expressed a desire to reevaluate the current legislative position.

Biden Hands Off the Ban Enforcement to Trump

Before the Supreme Court’s ruling, reports indicated a divide within the Biden administration on how to approach the ban. Following the ruling, the White House announced that enforcement of the ban would rely on the incoming President, Donald Trump.

“Given the timing of this situation,” the statement elaborated, acknowledging the peculiar circumstances surrounding the enforcement of the ban a day before Biden’s departure from office, “the responsibility for implementing the law will naturally transfer to the next Administration.”

This communication reiterated Biden’s stance that TikTok should remain operational but under American ownership. By delegating the enforcement to Trump, the incoming administration may have considerable latitude in determining the law’s application—there exists a slim possibility that TikTok could still be available come Sunday without immediate repercussions.

Encouragingly for TikTok users, Trump has previously voiced his opposition to the ban, with reports suggesting he is poised to take action against it. The Washington Post has indicated that Trump is contemplating an executive order that would delay the implementation of the ban by 60 to 90 days. While Biden’s administration has provided the next steps for Trump, this extreme action may be Trump’s only valid option, given that the ban is set to be enforced right before he ascends to office. Trump’s current perspective represents a notable shift from his previous term, during which he attempted to implement an executive order aimed at forcing a shutdown of TikTok operations in the U.S.—a shutdown averted when the company partnered with U.S.-based Oracle to secure American user data.

Last Minute Legislative Moves to Preserve TikTok

For any hope of the ban being overturned, it would require lawmakers who initially supported it to rethink their decisions. One prominent recent effort to delay the ban comes from Senator Ed Markey, a Democrat who introduced legislation aimed at extending the TikTok ban’s deadline by 270 days, allowing the platform a chance to secure a buyer or providing lawmakers with breathing room to reassess the situation. Unfortunately, this proposal was swiftly rejected by Republican representatives, though it indicates at least some members of Congress may be reconsidering their stances.

“In just four days, TikTok will cease to exist,” Markey stated while proposing the bill. “This measure simply requests that we need additional time.”

To support his proposal, Markey contended that TikTok has been “integral to our economy and communication practices,” insisting that the communities built by creators and small businesses on the app “cannot be replicated on other platforms.”

“We require time to delve deeper into discussions about addressing the national security hazards associated with Bytedance’s ownership of TikTok,” Markey added. “We need time to grasp the implications of the ban on TikTok’s creators and users. We need time to explore alternative solutions.”

This bill indicated a shift in Markey’s position, having initially opposed the ban yet still supporting the current ban—though it’s important to note that it was part of a larger bill including aid for Ukraine and Israel.

Meanwhile, Senate Minority Leader Chuck Schumer declared on X that he would persist in efforts to preserve TikTok, despite bipartisan opposition.

Ongoing Support for the Ban

Even as some lawmakers express openness to modifying or delaying the ban, certain government officials remain committed to the original decision.

“They had ample time to act,” Republican Senator Rick Scott commented. “They had a chance to negotiate a sale to ensure it was free from Chinese control, and they failed to do so.”

Republican Senator Tom Cotton, who played a critical role in blocking Markey’s legislation, stated, “We didn’t abruptly end TikTok’s existence or impose a ban. Instead, Congress simply insisted that the app could no longer be owned or managed by our nation’s adversary, communist China.”

All attention now turns to Trump, who will take office on Monday. A hopeful audience includes TikTok CEO Shou Zi Chew, who is expected to attend Trump’s inauguration and has already expressed gratitude to Trump “for his commitment to collaborating with us to ensure TikTok remains accessible in the U.S.” This may either be perceived as optimism or a sign that while immediate action may not be viable before the ban’s effective date, swift measures could follow shortly thereafter. As Trump mentioned to CNN post-Supreme Court ruling, “Ultimately, it’s my decision, so expect to see my actions soon.”

Even if the highest political office’s intervention fails to restore access to popular creators, public sentiment plays a crucial role. How TikTok reacts to the Supreme Court’s decision could influence American attitudes toward the ban significantly. Should enough public pressure mount, additional attempts from either Congress or the presidency to prevent the conclusion of this situation may emerge.