The US Supreme Court has upheld a law that bans TikTok in the US unless its China-based parent company, ByteDance, sells the platform by this Sunday. It now falls to incoming President Donald Trump’s administration, which takes office on Monday, Jan 21st, to enforce the law. Trump vowed to make a decision in the “not too distant future”.
This U.S. Supreme Court’s decision is a deeply consequential ruling with far-reaching implications. While national security concerns regarding Chinese ownership and potential data misuse are valid, the decision sets a dangerous precedent for restricting digital platforms based on geopolitical concerns rather than clear legal violations.
A Threat to Freedom of Expression
One of the most troubling aspects of the decision is its apparent disregard for the First Amendment, which guarantees freedom of speech and expression. TikTok is a platform for millions of American users—content creators, businesses, educators, and activists—to express themselves. By banning the platform, the U.S. government has, in effect, suppressed a major channel of speech, setting a troubling precedent for future government intervention in digital expression.
While the government cited national security threats due to TikTok’s ownership by the Chinese company ByteDance, there has been no publicly disclosed, concrete evidence proving widespread data misuse beyond what is already commonplace in the tech industry. TikTok services for U.S. users run on Oracle cloud infrastructure located inside the country. Oracle is also responsible for compiling the app and delivering it to third- party app stores. If concerns about data privacy were the sole justification, a more measured regulatory approach—such as stringent data localization requirements, third- party audits, or forced divestiture—would have been a more constitutionally sound solution.
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Global Digital Freedom at Risk
The U.S. has historically criticized authoritarian regimes for restricting access to social media platforms. By banning TikTok, the U.S. risks undermining its moral authority on digital freedom and emboldening other governments to censor platforms they disfavor, including American social media companies abroad.
The decision to ban TikTok also carries long-term economic and innovation consequences that could backfire on the United States. Unlike China, which heavily censors foreign platforms like YouTube, Facebook, and Instagram, the U.S. has long championed an open internet. This openness has fueled the country’s dominance in digital innovation. Banning a foreign-owned platform—especially one that has revolutionized digital content consumption—undermines this competitive advantage.
China, in contrast, operates within a closed internet environment, meaning the ban on TikTok does little to harm its domestic market. If anything, the ban strengthens Chinese resolve to continue developing its own internet economy independent of Western influence while forcing American content creators to seek alternative platforms with potentially less global reach.
Economic Fallout for American Users
The Supreme Court’s decision also ignores the significant economic impact of banning TikTok. Millions of American content creators, small businesses, and digital marketers rely on TikTok for income, brand exposure, and audience engagement. The platform is a primary revenue stream for influencers, artists, and entrepreneurs who leverage its unique algorithm to reach global audiences. Banning TikTok disrupts these livelihoods, potentially wiping out billions of dollars in economic activity.
Furthermore, removing TikTok as a competitor benefits U.S. tech giants like Meta and Google, which have long struggled to compete with TikTok’s engagement model. While some may argue that boosting American platforms is a strategic move, monopolizing the social media landscape in the hands of a few companies stifles competition and limits consumer choice.
Reflecting China’s Digital Policies
A key argument for the TikTok ban is that China does not allow American social media companies to operate freely within its borders. While this is true, it is also important to recognize the fundamental differences between the two countries’ political philosophies. The Chinese government heavily censors information, restricts free speech, and controls the internet to suppress dissent. The U.S., in contrast, has long positioned itself as the leader of digital openness and innovation.
I have been against a TikTok ban for a long time, because it goes against freedom of speech.
That said, the current situation where TikTok is allowed to operate in America, but 𝕏 is not allowed to operate in China is unbalanced.
Something needs to change. https://t.co/YVu2hkZEVZ
— Elon Musk (@elonmusk) January 19, 2025
By banning TikTok, the U.S. risks adopting a protectionist stance that mirrors China’s restrictive internet policies rather than countering them with openness and competition. If the U.S. follows China’s lead in banning foreign digital platforms, it sets a dangerous precedent that could lead to further internet fragmentation and a decline in global digital cooperation.
A Heavy-Handed Approach
The Supreme Court’s decision to uphold the TikTok ban is a reactionary move that prioritizes short-term political considerations over the long-term values of free expression, innovation, and economic opportunity. While national security concerns must be taken seriously, a full ban is an extreme measure that contradicts the very freedoms the U.S. seeks to protect.
Instead of outright prohibition, the government should have pursued alternative solutions such as regulatory oversight, stricter data-sharing laws, or a forced divestiture of TikTok’s U.S. operations. By taking a heavy-handed approach, the U.S. risks damaging its own economic and creative ecosystem while reinforcing China’s model of digital protectionism. Ultimately, this ruling may do more harm to American interests than to those of its intended target.
The author is a Seattle based entrepreneur, technologist and a social activist.