Following the potential ban on TikTok, what steps might the platform take next?
A U.S. appeals court affirmed on Friday the regulation that mandates TikTok to be offloaded from its Chinese parent company ByteDance or face a prohibition, dealing a significant setback to the social media platform utilized by more than 170 million Americans.
According to the statute, app stores might encounter hefty fines if they persist in hosting TikTok past the deadline, assuming it hasn't been sold off. For users who have already downloaded the app, this likely implies they can continue utilizing it for a while but won't receive updates, making it progressively buggy and potentially worthless.
While the verdict raises the likelihood of TikTok being banned, it's not a foregone conclusion yet.
Is the case concluded?
TikTok has expressed its intention to appeal the ruling to the Supreme Court. “The Supreme Court has a historical precedent of safeguarding Americans' right to free expression, and we anticipate they will do so on this key constitutional issue,” TikTok spokesperson Michael Hughes asserted in a statement released on Friday.
However, the company reiterated its earlier stance that it will not part ways with ByteDance. Hughes stated: “If the TikTok ban is enforced, it will mutely suppress the voices of over 170 million Americans in the U.S. and globally on January 19th, 2025.”
Beyond a successful appeal, there are a few alternatives that could postpone or evade a TikTok ban, such as potential support from President-elect Donald Trump following his transition into office. President Joe Biden could technically grant a one-time, 90-day extension of the deadline, though he has yet to indicate he will do so.
What will TikTok’s appeal entail?
When TikTok appeals the decision, it may also request a suspension – essentially a delay – of the law while the Supreme Court considers the case, thereby potentially avoiding the January ban deadline, at least momentarily.
A stay, or not, there's a justification to believe that the Supreme Court will swiftly make a ruling on the case. Both TikTok and the U.S. government had previously requested the U.S. appeals court to hasten its decision so the case could be appealed before the ban deadline.
“The Supreme Court could set a schedule for briefing and set an oral argument in the first week of January,” Josh Schiller, partner at law firm Boies Schiller Flexner, shared with CNN.
However, Schiller pointed out that TikTok may still face an uphill battle in the Supreme Court.
“Given the composition of the Supreme Court being largely conservative, and largely ideologically pro-limited federal government, even with that backdrop... I struggle to imagine that the conservative force on the Supreme Court would not perceive this as a (national) security case,” and, subsequently, rule in favor of maintaining the law, Schiller said.
The Supreme Court might choose not to review the case, in which case TikTok—according to Gautam Hans, associate director of the First Amendment Clinic and professor at Cornell Law School—may be out of options.
“I am skeptical that the Supreme Court will take this case,” Hans, who had signed on to an amicus brief supporting TikTok in the case, said. “They were quite cautious in writing the opinion in a manner that makes it less likely the Supreme Court would grant a review, and I believe a significant part of that has to do with the national security implications here... the court was really willing to take those claims seriously.”
An assist from President-elect Trump?
Trump might provide a lifeline for TikTok's U.S. presence.
Although it was Trump who initially attempted to prohibit TikTok in the United States during his previous term, he has more recently suggested that he “no longer desires” to ban the app.
Trump stated in June — in a video uploaded to the platform itself — that he “would never ban TikTok.”
However, it's unclear whether Trump will have the means to act upon it, given the ban is set to go into effect a day before his inauguration.
Trump could request Congress to repeal the law, though experts argue that effort would likely fail. From there, he would likely have two options: He could instruct the attorney general not to enforce the law or announce that TikTok is no longer subject to the law, University of Minnesota associate law professor Alan Rozenshtein told CNN last month.
The first approach would involve signaling to TikTok's tech partners like Apple — which might face fines under the law if it proceeded to host TikTok on its app store after the deadline — that they “should feel free to continue business with TikTok,” Rozenshtein said. “But again, if you're the general counsel of Apple, does that really give you a lot of confidence? You're still breaching the law. Trump is highly volatile.”
The second option would depend on a portion of the law that grants the president some authority to ascertain if a “qualified divestiture” of TikTok has transpired. In theory, Trump could declare that it has, whether or not that's factual, and then would need to hope it doesn't get contested in court. This method might be more successful, given that “it's not evident who could sue to enforce the law,” Rozenshtein said.
What are users saying?
Friday's ruling revived concerns of a potential ban among U.S. TikTok users who utilize the platform to foster connections, be entertained, seek information, and generate income.
Some TikTok users had previously urged their representatives to vote “no” on the law. Others stated that transferring a large audience from TikTok to another platform is challenging, as each site has its unique algorithm and monetization model.
"TikTok plays a significant role in my earnings and existence, so I'm not thrilled about potential issues," shared lifestyle content creator Carrie Berk with CNN on a Friday. "However, the chatter about TikTok being banned has been going on since 2020, and nothing's changed yet, making me doubtful. All we can do is keep our fingers crossed, hoping it stays available."
"I'm still holding on to the belief that TikTok won't face a ban in the USA, but at the moment, it's not looking too promising," shared another user in a clip uploaded to the platform on a Friday.
But not all TikTok users are on edge about this.
"I don't think a ban will happen due to the numerous micro US businesses that rely on TikTok," asserted Keenya Kelly, a strategist and creator using the app, speaking to CNN. "While I believe they'll compel TikTok to make certain changes they're not keen on, I don't think a full ban is in the cards."
TikTok's legal team may request a suspension of the law while the Supreme Court considers the appeal, which could potentially delay the January ban deadline. If the Supreme Court chooses not to review the case, TikTok might face limited options to avoid the ban.
In the business realm, potential tech collaborators like Apple might face financial penalties if they continue hosting TikTok on their app store after the deadline, assuming the sale hasn't been finalized.
[Context: A U.S. appeals court affirmed a regulation that requires TikTok to be sold from its Chinese parent company ByteDance, dealing a significant setback to the social media platform.]
