So is the US banning TikTok or not? The Supreme Court says go for it, but it's up to Trump now: 'You're going to see what I'm going to do'

The TikTok app with Donald Trump ranting behind it. — (Image credit: NurPhoto via Getty Images)

Recent updates

Update: TikTok has posted an update on X saying that if nothing changes, it will "be forced to go dark" on Sunday: "Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19."

The US Supreme Court has upheld a law that could see TikTok being banned within the country in the next few days over national security concerns. The court had this week heard an appeal from TikTok owner ByteDance against the law but has chosen to reject it, and now all eyes will turn to the incoming US administration of Donald Trump: Who is to be inaugurated on January 20, and has previously said he "opposes banning" the app.

"But Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary. For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights."

The national security concerns were what the whole argument hinged on, with the court concluding that "TikTok's scale and susceptibility to foreign adversary control, together with the vast swaths of sensitive data the platform collects, justify differential treatment to address the Government's national security concerns."

ByteDance had argued that the law would violate free speech protections but, with that argument having been rejected, it must now either sell the American version of the app to an approved buyer, or alternatively be banned, if the law is ultimately enforced. The company's lawyers told the Supreme Court this week that the app would "go dark" in this scenario and, without a last-minute buyer or political intervention, it remains unclear whether ByteDance would just pull the app and cease all functionality in the US.

Meanwhile, the Justice Department is absolutely loving this. The Supreme Court's decision will allow it to "prevent the Chinese government from weaponizing TikTok to undermine America's national security," says Attorney General Merrick Garland. "Authoritarian regimes should not have unfettered access to millions of Americans' sensitive data."

President-elect Donald Trump threatened to ban TikTok in his first term, but has now changed his tune. Racing to the Supreme Court judgement on CNN, Trump said "it ultimately goes up to me, so you're going to see what I'm going to do." Trump added on social media: "My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!"

Some TikTok users in the US have responded to the imminent ban by, erm, joining another Chinese-run social media app, Rednote, where users are enjoying joking about all the "Chinese spies" there are. But TikTok's 170 million US users are a highly engaged and desirable audience, and among those rumoured to be interested in an acquisition are none other than former Activision CEO Bobby Kotick. Less seriously, MrBeast says he'll buy it.

We'll know soon enough which way Trump is going to play this, and who knows with that guy: But I suspect this saga is far from over.

Rich is a games journalist with 15 years' experience, beginning his career on Edge magazine before working for a wide range of outlets, including Ars Technica, Eurogamer, GamesRadar+, Gamespot, the Guardian, IGN, the New Statesman, Polygon, and Vice. He was the editor of Kotaku UK, the UK arm of Kotaku, for three years before joining PC Gamer. He is the author of a Brief History of Video Games, a full history of the medium, which the Midwest Book Review described as "[a] must-read for serious minded game historians and curious video game connoisseurs alike."