Could TikTok Be Banned… Today?

Wwhat we know now:

• TikTok will be banned this Sunday, January 19th unless it shows a willingness to divest from ByteDance, it’s Chinese-owned parent company… Unless the Supreme Court agrees with TikTok that its previous ruling violates free speech.
• The judges rejected TikTok’s argument that its ban violated free speech, noting that the constitutional right does not affect foreign-owned entities.
• The Supreme Court could decide today.

It’s not looking like a happy New Year for TikTok.

On January 10, 2025, the Supreme Court heard oral arguments regarding the TikTok ban — and whether it violates First Amendment rights — and could rule as soon as today.

Here’s what you need to know about the status of the ruling and what could happen if the ban goes into effect.

But first… How did we get here?

Ahem. Let’s start with some context: The “Protecting Americans from Apps Controlled by Foreign Enemies Act” was signed into law in April 2024.

The name is a mouthful, but the ruling would ban US app stores, as well as web hosting services, from offering TikTok.

In other words: TikTok would be banned across the country. (Desperate Generation Z everywhere.)

So what does the Supreme Court want from TikTok?

For TikTok’s parent company, ByteDance, to divest itself of its US operations, well, this Sunday (January 19) — due to national security concerns over China’s data ownership and practices.

Arguments: TikTok’s side

During Friday oral argumentsTikTok’s lawyer, Noel Francisco, argued that the ban violates the First Amendment.

As he says, “If the First Amendment means anything, it means that the government cannot restrict speech to protect us from speech.”

He added: “The government has no valid interest in preventing foreign propaganda. . . . The government’s real target is really the speech itself, its fear that Americans, even if fully informed, might be persuaded by Chinese disinformation. That, however, is a decision that the First Amendment leaves to people.”

Francisco concluded: “[The ban] it is also grossly underinclusive and ignores the most obvious less restrictive alternative: a simple ban on TikTok, Incorporated, sharing sensitive user data with anyone.”

In addition to TikTok’s argument that the ban violates free speech, Francisco made several other key points:

• First: They say there is no documented evidence that the Chinese government accessed user data.
• And second: the time frame imposed is too short for TikTok to feasibly separate from ByteDance.

Rebuttals of the Supreme Court

Justices on Friday appeared skeptical of TikTok’s arguments and questioned how First Amendment rights are implied when the law specifically targets in foreign ownership company. (Contact).

As Chief Justice John Roberts said: “Congress agrees with [freedom of] expression. They’re not okay with a foreign adversary, as they’ve found it is, gathering all this information about the 170 million people who use TikTok.”

In other words: the judges are okay with us embarrassing ourselves with TikTok dances, mastering the art of whipped coffee, and endlessly scrolling for that ‘life-changing’ pasta recipe.

Which they are not it’s okay if the Chinese government is snooping on our data while we’re doing it.

Roberts went on to point out that Congress earlier found by ByteDance be “subject to Chinese laws requiring him to assist or cooperate with the intelligence work of the Chinese government.”

Justice Elena Kagan also drew a parallel with concerns about the Soviet Union in the 20th century, saying: “If Congress had said, ‘Well, that’s very nice, we can have the Communist Party of the USA, but it has to give up, it has to completely divorced from the Comintern and from all the international connections it has,’ do you think that would be all right?

Can Trump reverse the ban on TikTok?

On Truth Social, Trump recently asked“Why should I get rid of TikTok?” with a graphic showing his 36 billion #trump views and 24 million average views per post on @realdonaldtrump.

Many think Trump can reverse the ban if it goes into effect.

As far as I know, here’s what he could do:

• It can pause the ban for 90 days if TikTok proves it is in the process of separating from ByteDance (although without actual evidence of its divestment, this could be challenged in court).
• Trump could declare TikTok is in accordance with the law, but this can still be challenged in court if ByteDance is not released.
• He may try to negotiate a sale of TikTok to a US company, but only if ByteDance is willing to sell — which it isn’t so far.

Besides, he can’t do much unless the Supreme Court itself strikes down the idea.

What happens if TikTok gets banned?

First of all, it is important to note that if the Supreme Court rules to ban TikTok from app stores and web hosting services, people can still continue to use TikTok if they already have it.

Although, without legitimate ways to access the app, it would be impossible to access TikTok updates, which would eventually render the app unusable.

(Also, there’s the not-so-small issue of app updates, which are usually useful for security measures. Without regular updates, your TikTok will become increasingly vulnerable to hackers. Yuck.)

There are other ways to access the app, for example, a VPN (virtual private network) or changing your phone’s region so you can access the app as if you were in another country.

But these efforts are short-lived and risky. Eventually, the 170 million users who currently use TikTok will have to switch to alternative platforms – especially since TikTok’s legal team said that if the ban goes into effect, TikTok will “go dark.”

What does this all mean for marketers?

Misplaced TikTokers are more than likely to turn to Instagram Reels or YouTube Shorts, which mimic similar user behavior.

Additionally, if you’re using TikTok’s advertising tools, you should shift your advertising strategy to YouTube or Instagram.

Short-form videos aren’t going away, but TikTok might. If that’s the case, it’s still important for your team to focus on how you can invest in short-term videos on else platforms.

And while change can be scary, it’s important to remember – we’re all going to be okay.

As Leanne Elliott, co-host Truth, lies and work podcast, told me, “When it comes to platforms like TikTok, it’s important to remember that people and communities are far more resilient than the applications they use. Platforms come and go. Just think of MySpace, Vine, or even the way Facebook isn’t quite what it used to be.”

She adds, “What remains constant is our need for connection and shared experiences. If TikTok goes away, creators and their audience will continue together. Relationships don’t disappear, they just find a new home.”

Bet if TikTok disappeared tomorrow, people would switch to YouTube Shorts, Instagram and (drum roll please…) LinkedIn.

As Elliott points out, “[LinkedIn’s] is crying out for fresh, creative content, especially for those looking to build a professional edge. Over the next few years, LinkedIn could become a real hot spot for B2B creators entering now.”

It’s also important to remember that TikTok has never been a prime mover for most businesses. So while it can be fun to get in on the ‘Tok’ trends, your business probably won’t suffer too much from the ban.

As Louis ‘Fonzi’ Camejo, the host Content is profit podcast, he told me: “I I personally don’t mind the ban in terms of marketing. TikTok is not a channel that has grown our audience so we haven’t invested time or resources into it. We noticed that while some clips had good reach, there wasn’t too much interest from users to move off the platform.”

We will update this post as more information comes to us, but for now… We wait.