The US Supreme Court has upheld a law that bans TikTok nationwide unless its China-based parent company ByteDance sells the platform by this Sunday.
TikTok had challenged the law, arguing it would violate free speech protections for the app’s more than 170 million users it says it has in the US.
But that argument was rejected by the nation’s highest court, meaning TikTok must now find an approved buyer for the US version of the app or face being removed from app stores and web hosting services.
However, the outgoing Biden administration and incoming President Donald Trump have been trying to work out a reprieve for the platform, which US authorities have warned poses a national security risk.
Can Trump still intervene?
Trump may once have sought to ban TikTok – but is now firmly against this law.
He asked the Supreme Court to delay its implementation while he seeks a “political solution,” but has been unsuccessful in this bid.
He has been bullish about finding a solution though.
On Friday, just before the court released its ruling, he said he spoke to Chinese President Xi Jinping about TikTok, as well as issues around trade.
“It is my expectation that we will solve many problems together, and starting immediately,” he posted on social media.
And on Thursday Trump’s incoming national security advised Mike Waltz told Fox News the president-elect was looking for ways to “preserve” TikTok, saying Americans’ access to the platform and their data would be preserved.
“I don’t want to get ahead of our executive orders, but we’re going to create the space to put that deal in place,” Mr Waltz said.
Another option would be for Trump to allow the law to stand but tell the Department of Justice not to enforce it.
The government would be effectively telling Apple and Google that they won’t be punished for continuing to allow people to download TikTok onto their devices, meaning the law would remain in place but would essentially be redundant.
Obviously, the firms might be uncomfortable about breaking the law even if they’ve been told it’s fine – as it would be effectively requiring them to take the president’s word for it that they won’t face punishment.
Can people still use TikTok even if it’s banned?
If Trump can’t unban TikTok, then what happens?
The most likely way the US would enforce the ban is to order app stores to make it unavailable for download in that region.
If people can no longer use a legitimate means to access TikTok through digital storefronts it won’t impact those who’ve already got it on their phones.
But because the app most likely won’t be publicly available anymore, new updates will no longer be delivered to users in the US – which will make the app buggier and, eventually, unusable.
