As the debate on the future of TikTok in the United States reaches a crescendo, users are left wondering if they will be able to access the app. With U.S. Supreme Court deliberations underway regarding a law that may result in the banning of this application, it is important to understand what such a ruling means and what it would mean for TikTok’s 170 million American users.
Legal landscape
The legal fight for TikTok also now centers on a law signed by President Joe Biden that compels the app to divest from its Chinese parent firm, ByteDance, or face a ban by January 19, 2025. That law is highly contentious; TikTok alleges it’s an infringement of First Amendment rights. Legal experts say that any effort to ban TikTok will be subject to “strict scrutiny,” meaning the government will have to prove there is a strong likelihood of national security threats and banning the app is the least restrictive way of handling those fears.
Recent Supreme Court hearings suggested a rough road ahead for TikTok. Many of the justices appeared to side with the government, casting doubt on whether TikTok’s arguments about free speech would fly in court. If the court rules to keep the law in place, it could open the door to major restrictions on the app.
How would a ban work?
Enforcing the ban does not mean it would immediately come into effect. Current users of the app will still have it for some time, with a few limitations:
- New downloads: Major app stores, most notably, Google Play and Apple’s App Store, would likely remove TikTok to prevent new users from downloading it.
- Updates and functionality: The current users would not be able to get any updates, which could cause bugs or security vulnerabilities over time. This is warned to expose the users to the risk of possible hacking when the vulnerability becomes known.
- ISPs: The government could request the ISPs to block access to TikTok, thus making it very difficult for the users to access it.
These limitations would not necessarily keep all users from being able to access TikTok. Some will employ virtual private networks (VPNs) to get around the geo-restrictions, as has been reported in the cases of nations with highly restrictive policies on internet use.
Probable consequences and impact to users
Lawyers for TikTok have said that if the Supreme Court does nothing by January 19, they will begin preparations for shutting down operations in the United States, which would mean functionality of the app being gradually degraded over time. However, there are a few ways it could avoid such a flat-out ban:
- Supreme Court intervention: If the court takes up the TikTok case or issues an injunction against the law, that could hold up enforcement and allow time for negotiation or other remedies.
- Political solutions: The new administration might decide not to enforce the law or pursue a political solution, as hinted at by President-elect Donald Trump in recent remarks about finding a political solution.
- Sale of TikTok: Although the parent company ByteDance has resisted selling off TikTok due to regulatory pushback from China, a sale would restore access for American users if completed successfully before any ban takes effect.
The implications of a ban stretch further than just user access; they also threaten livelihoods of content creators who depend much on TikTok for their income and exposure. Experts have warned that such a ban could be “catastrophic” for them because they would have to shift swiftly to other platforms like Instagram or YouTube.
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