As one of the millions of influencers who makes a living from TikTok, I would like to represent our voices and express our deep concerns about the proposed ban of TikTok in the United States. TikTok has proven to be more than just an app — it's a platform that enables 170 million Americans to express their creativity, connect with others, and in many cases, secure a livelihood.

The Supreme Court signaled in oral arguments Friday that it may uphold the federal ban on TikTok, potentially leaving it up to President-elect Donald Trump to try and keep the app legal once he takes office — but the president-elect has limited options if the law is upheld, and any attempts to stop it could be challenged in court.

 
 
Key Facts
Trump opposes the TikTok ban taking effect, his lawyers said in a recent court filing, and the president-elect asked, “Why would I want to get rid of TikTok?” on Truth Social last week, posting a graphic that boasted his popularity on the platform and the billions of views his official accounts and hashtags associated with him have garnered.

 
The law—which prohibits U.S. app stores from hosting TikTok unless Chinese parent company ByteDance divests from it—is scheduled to take effect one day before Trump’s Jan. 20 inauguration, so Trump has also asked the Supreme Court to stop the law from taking effect until after he takes office, arguing he wants time to resolve the ban before it can take effect.

 
It’s unclear if the Supreme Court will comply with that request, and if the court upholds the law and it takes effect by the time Trump is inaugurated, he’ll have limited options on blocking it.

 
The law empowers the president to pause the ban for 90 days if TikTok shows it’s in the process of separating from ByteDance, so Trump could pause it once he takes office—though without actual evidence showing ByteDance is divesting, Trump’s pause may not be legally sound, meaning it could be challenged in court and the ban could take effect anyway.
Trump could also similarly just declare TikTok in compliance with the law—regardless of whether or not it’s actually separated from ByteDance—University of Minnesota law professor Alan Rozenshtein noted, which would keep TikTok legal but similarly leave room for the move to be challenged in court if ByteDance hasn’t actually divested.
Beyond that, Trump can’t do much: He could try to negotiate a deal for TikTok to be sold to a U.S. company so it would properly comply with the law, but if ByteDance isn’t willing to sell—which so far it isn’t—the ban will stay in effect unless Congress decides to repeal the law.
Crucial Quote
“​​President Trump opposes banning TikTok in the United States at this juncture, and seeks the ability to resolve the issues at hand through political means once he takes office,” his lawyer Dean John Sauer wrote in a brief to the Supreme Court.

What To Watch For
The Supreme Court expressed skepticism of TikTok’s arguments against the ban during oral arguments on Jan. 10, signaling justices could uphold the ban. It’s expected the court will quickly rule before the law is due to take effect Jan. 19, though it could decide to temporarily pause the law from taking effect if it needs more time to deliberate. Though Trump has asked the Supreme Court to pause the ban until after his inauguration, he isn’t a party in the litigation, and Rozenshtein told CBS News “there are no legal grounds” for Trump to unilaterally pause the law since he’s still a private citizen and isn’t actually the president yet. That means there’s no guarantee the justices will listen to his request—and they didn’t signal Friday whether they will—and it’s still possible the law could take effect Jan. 19, before Trump takes office.

 
Can Trump Just Not Enforce The Tiktok Ban?
Another move Trump could technically make if the TikTok ban takes effect is to say his Justice Department just won’t enforce the ban, inviting companies like Apple and Google to leave the app up on its app stores without facing the harsh financial penalties the law imposes. Justice Brett Kavanaugh questioned Solicitor General Elizabeth Prelogar on Friday about that possibility, and Prelogar acknowledged Trump could order it not to be enforced, and while it’s still unclear how things could play out in practice, there may be “safeguards” to legally protect companies who keep TikTok up as a result of his promises about facing penalties. Legal experts have previously suggested companies aren’t likely to take the risk and potentially subject themselves to legal liability by keeping up TikTok even if Trump says it’s fine, however, given the possibility that Trump could change his mind and decide to start enforcing the ban.

Will Bytedance Divest From Tiktok?
TikTok and ByteDance so far haven’t shown any interest in separating, with TikTok arguing in a court filing that doing so is “not possible technologically, commercially, or legally.” It remains to be seen if the company will change its mind should the Supreme Court uphold the law and it actually takes effect, however, and Prelogar suggested Friday that the Supreme Court upholding the ban could be the “jolt” that ByteDance and TikTok need to actually start the divestment process. Trump could also potentially have an impact on forcing ByteDance’s hand, as James Lewis, director of the Strategic Technologies Program at the Center for Strategic and International Studies, told NPR that China could be persuaded to approve of ByteDance selling TikTok in exchange for Trump backing off his threat of high tariffs on Chinese imports.

What Happens If The Tiktok Ban Takes Effect?
The full impact of the TikTok ban taking effect is still unclear. The law does not ban Americans from using TikTok and wouldn’t wipe it from users’ phones, but rather bans U.S. app stores and internet service providers from hosting it. That would mean that users could not download or update TikTok from Apple or Google’s app stores, so it would grow obsolete and eventually no longer work. Oracle also wouldn’t be allowed to host TikTok’s U.S. user data, as it does now. It remains to be seen what the effects of that will be in practice: TikTok said in a court filing that banning internet service providers from hosting the app means the company could no longer “provid[e]

the services that enable the TikTok platform to function, effectively shutting down TikTok in the United States,” and TikTok’s lawyer Noel Francisco reiterated that Friday, saying it’s his understanding that if the ban takes effect, “we go dark.” Rozenshtein noted to CBS News that TikTok could move its U.S. data servers out of the country, however, which would keep the app running. It’s also still unknown how the ban will affect other parts of TikTok’s U.S. operations, like the TikTok Shop or paying creators who make money on the platform.Exclusive Invitation: Save up to 60% on a Forbes Membership

 
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Will The Ban Impact Possible Tiktok Alternative Lemon8?
Yes, the ban is expected to similarly impact ByteDance-owned apps CapCut and Lemon8.

Surprising Fact
If the ban does take effect and block TikTok’s U.S. user data from being hosted by a U.S. company, it’s possible the data that TikTok already has on its American users could be moved to China, which a Forbes investigation found is what happened when India similarly banned the app. That would actually make it more likely the data could be accessed by the Chinese government, contrary to the federal law’s national security goals.

Key Background
President Joe Biden signed the bill requiring TikTok to leave ByteDance or else be banned into law in April, reflecting a bipartisan concern from lawmakers that the app poses a threat to national security. TikTok has long denied any wrongdoing or links to the Chinese government, but Forbes has reported numerous concerns involving the app, including TikTok spying on journalists, promoting Chinese propaganda that criticized U.S. politicians, mishandling user data and tracking “sensitive” words. The specific evidence the government has for justifying TikTok’s ban has not been made public, however, and was entirely redacted in court filings. TikTok and creators on the app sued to block the law days after it was enacted, arguing the ban unlawfully infringed on their First Amendment rights. A panel of federal judges sided with the government’s argument that the ban was justified due to the national security threat and did not violate TikTok’s First Amendment rights, given that users can still post on the app if it just separates itself from ByteDance. The court ruled the law as it was enacted is actually a less restrictive way of handling the government’s concerns about TikTok, given the fact it still allows the company to operate in the U.S. if ByteDance divests from it. TikTok appealed the case to the Supreme Court after the lower court declined to pause the law from taking effect, and the Supreme Court quickly took it up, scheduling arguments for Jan. 10 but declining to pause the law in the meantime.

Given the prevalent role that TikTok has taken in today's digital landscape, imposing a ban would not only disrupt the livelihoods of the influential community but also deprive millions of users of a beloved social network. Ultimately, it will stifle digital creativity and connectivity, something that is not in line with the principles of free expression on which our nation was built.

Before any unprecedented steps are taken, it is paramount to consider the cascading effects that such a ban might bring to the digital community, the majority of which includes younger users who rely heavily on the platform for social interaction and creativity. We kindly urge the concerned parties to consider the implications of this decision and find a path that allows TikTok to continue operating responsibly within the United States, providing the necessary digital space for millions of content creators and fans. President-elect Donald Trump has asked the Supreme Court to 'delay" the ban so he can find a more political resolution.

 

Join us in this crucial matter by signing this petition. Together, we can make a difference in defending our digital rights and freedoms.