By james art 
By Rose Kelly; Photo credit: NBC News
On January 17, 2025, the United States Supreme Court unanimously upheld the Tiktok closure law, a popular social media platform in the United States.[1] The Law on Protection of Americans from Foreign Overwhelmed Controlled Applications [the Act] It illegally makes companies “distribute, maintain or update” Tiktok unless the platform is detached from Chinese control.[2] The judges acknowledged the novelty and complexity of social media and its effects on US government, especially because many civil servants know “relatively little” about social media.[3]
The court respects the fears of the national security of Congress, more specially, the collection of data and relations of Tiktok with China.[4] According to the court, these “well -backed” concerns about Chinese control over the application have made the Congress an acceptable priority for the protection of Americans by banning the application.[5] The court also addressed the predominant bilateral support for the law.[6] While Tiktok Inc. [petitioner] It is argued that this violates the constitutional rights of freedom of speech and expression, the court found that the law did not violate the petitioner, nor the rights of the first changes of consumers from 170 million users.[7] This decision reflects the increasing intersection of the first amendment and fears of national security in social media.[8]
The Supreme Court’s decision left bytedance Ltd., a Chinese company and current Tiktok owner, with two options: or sell an American version of the app by January 19 or face a ban.[9] In the end, Bytedance could not sell an American version of the app before the deadline set by the Supreme Court, and the Americans lost access to the platform in the evening of January 18, 2024.[10]
During the ban, Tiktok showed a message to its US users: “[ByteDance is] Fortunately, President Trump has indicated that he will work with us on a decision to restore a tyktok after he has taken office. “[11] This surprised many because President Trump was adamant to ban the request during his first presidential term.[12] Like the Congress and the Supreme Court, the President cited national security fears as reasons for a request for a ban.[13]
After the Supreme Court upheld the ban, President Trump said he would work with CEO Shaw and find an American buyer of the app.[14] The law allows for a temporary recovery if there was “progress to sale before it came into force”.[15] The act was temporarily repealed by an enforcement claim signed by President Trump on Monday, January 20.[16] Due to his promise to find an American buyer and numerous efforts from US entrepreneurs, Tiktok was restored to the United States less than 24 hours after the ban on Sunday, January 19th.[17]
It is not clear why President Trump has changed his tone to Tiktok.[18] From his first term, the president has collected over $ 14 million in the app, an integral part of his successful presidential campaign.[19] The rapid temporary restoration of Tiktok raises questions about how President Trump, Congress and the Supreme Court will deal with the fears of national security related to the cancellation of the ban.[20]
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[1] Tiktok et al. v. Garland, 604 US __ (2025).
[2] ID.
[3] ID.; Mark Sherman, Tiktok says it will “darken” unless it receives clarity from Biden after the Supreme Court’s decisionAssociated Press (January 18, 2025),
[4] Greg Store, The Supreme Court maintains the law that threatens us to suspend Tiktok (3)Bloomberg Law (January 17, 2025),
[5] ID.
[6] ID.
[7] ID.
[8] See Sherman, above Note 3.
[9] ID.
[10] Sapna Maheshwari et al.. Tiktok darkens in the USNew York Times (January 18, 2025),
[11] ID.
[12] Jill Kolvin and Barbara Ortytay, From supporting a ban to a greeting as a savior inside the shift of Trump’s TiktokAssociated Press (January 19, 2025),
[13] ID.
[14] ID.
[15]See Sherman, above Note 3.
[16] Claire Duffy and David Goldman, Trump signs have promised enforcement action to delay Tiktok Ban in 75 daysCNN Business (January 20, 2025, 22:01),
[17] ID.
[18] See Colvin & Ortutay, above Note 12.
[19] See Sherman, above Note 3.
[20] ID.