As the imminent Jan. 19 deadline for a possible TikTok prohibition draws near, several significant events have unfolded. A federal appeals court has recently reaffirmed a law from the Biden administration aimed at the app, TikTok influencers are encouraging their audiences to transition to other platforms, and TikTok is requesting the courts to postpone the ban until a new presidential administration has an opportunity to intervene.
### How Would a TikTok Prohibition Function?
The current initiative to prohibit TikTok in the U.S. represents the most substantial attempt thus far. In April, President Joe Biden enacted legislation mandating that TikTok’s parent organization, ByteDance, divest the app within nine months or encounter a ban from U.S. app marketplaces. The prohibition wouldn’t completely eliminate TikTok from users’ devices or the web but would depend on app stores like Apple and Google, alongside internet hosting providers, to obstruct updates and distribution. Firms that do not adhere to these regulations would incur penalties.
### When Is the Prohibition Scheduled to Take Effect?
The compliance deadline is set for Jan. 19, occurring just one day prior to President-elect Donald Trump assuming office.
### Is It Possible to Halt or Postpone the Prohibition?
There are several potential routes to stop or delay the prohibition. The easiest approach would be for TikTok to adhere to the law and disassociate from ByteDance. Several notable personalities and enterprises, such as Steven Mnuchin, Rumble, and Kevin O’Leary, have shown interest in purchasing TikTok. Nevertheless, it remains uncertain who will ultimately emerge as the buyer or if TikTok is genuinely contemplating a sale.
In the interim, TikTok is persisting in its legal challenge against the legislation. On Dec. 6, a federal appeals court upheld the Biden administration’s law. TikTok is set to contest the ruling in the Supreme Court, although it is uncertain whether the court will agree to consider the case. To gain extra time, TikTok submitted a request on Dec. 9 for an emergency injunction aimed at halting the law’s implementation until the Supreme Court has the opportunity to deliberate.
If approved, the injunction would shift the decision to the Trump administration. Notably, Trump, who previously tried to impose a TikTok ban through executive order in 2020, has recently indicated a change in perspective. During his 2024 campaign, he suggested he would “save TikTok,” implying he may not enforce the divestiture requirement.
### What Is Driving the TikTok Ban?
Legislators contend that TikTok represents a national security threat due to its association with ByteDance, a Chinese firm governed by Chinese intelligence laws. They express concern that the Chinese government might compel ByteDance to share user information. TikTok has continually refuted these claims, insisting that such an outcome is purely speculative. The company also maintains that the ban infringes upon the First Amendment by focusing on one platform and limiting Americans’ ability to connect with a global online community of over 1 billion users.
TikTok has received backing from free speech proponents, including the American Civil Liberties Union (ACLU). In a statement to Reuters, the ACLU condemned the ban, labeling it a “flawed and dangerous precedent.” Patrick Toomey, deputy director of the ACLU’s National Security Project, remarked, “Banning TikTok blatantly violates the First Amendment rights of millions of Americans who use this app to express themselves and communicate with individuals worldwide.”
### What Lies Ahead?
For the time being, TikTok’s future in the U.S. is uncertain. The forthcoming weeks will reveal whether the app can remain operational without a sale or if it will be subjected to a nationwide ban. One fact is clear: time is of the essence, and the Jan. 19 deadline is rapidly approaching.