TikTok: love it or hate it, the app has undeniably shaped the social media zeitgeist over the past five years with its fast-paced content and polarizing reputation. However, TikTok recently faced its greatest existential threat. On January 19, 2025, the platform was set to be banned in the United States following a unanimous decision by the U.S. Supreme Court.
The stakes intensified on January 18, when TikTok users were greeted with an unthinkable message: “Sorry, TikTok isn’t available right now.” As TikTok users grappled with the outage, newly instated President Donald Trump intervened at the eleventh hour. Providing assurances to TikTok’s service providers, the app’s restoration was secured. By January 19, instead of TikTok being banned, it was roaring back to life.
This reprieve does not guarantee TikTok’s long-term survival. The Supreme Court’s decision and TikTok’s temporary shutdown have sparked broader debates about the future of foreign-owned companies operating in the U.S., as well as the livelihoods of creators dependent on such platforms for income. As TikTok regains its footing, a new concern emerges: users are flocking to RedNote (Xiaohongshu), another Chinese-owned social media app. This trend poses a provocative question—are U.S. consumers willing to trade their privacy for entertainment?
TikTok’s success has been nothing short of extraordinary. By 2024, the platform had amassed approximately 2 billion registered users globally, compared to Facebook’s 3 billion users. For an app that debuted 14 years after Facebook, achieving 66% of Facebook’s user base was remarkable. However, its rapid growth also made TikTok a target of intense scrutiny and political pressure in the U.S.
On January 17, 2025, the Supreme Court upheld the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), a 2024 law requiring ByteDance, TikTok’s parent company, to divest its ownership stake or face a ban effective January 19. The Act seeks to prevent foreign nations, including China, from collecting sensitive data from U.S. users and leveraging it for intelligence or disinformation purposes. “The Government’s TikTok-related data collection concerns do not exist in isolation,” the Court noted, highlighting China’s extensive efforts to gather data on U.S. persons for espionage and intelligence purposes (TikTok v. Garland, 604 U.S. __, 14 [2025]).
Donald Trump, the incoming U.S. President, urged the Court to delay its ruling, suggesting he could broker a deal with TikTok – which has now come to fruition. President Trump himself raised concerns about TikTok’s security risks during his presidency, issuing Executive Order 13942 in 2020, which warned that the app “continues to threaten the national security, foreign policy, and economy of the U.S.” (Addressing the Threat Posed by TikTok, 85 FR 48637). This continuity underscores the bipartisan nature of national security concerns surrounding TikTok. While President Donald Trump has intervened to delay TikTok's ban, the platform's future in the U.S. remains uncertain.
During the time the ban was bending, TikTok argued the ban violated its First Amendment rights, claiming it disproportionately burdened expressive activity. The platform emphasized its role in curating and promoting content as integral to free expression. However, the Supreme Court disagreed, affirming that PAFACA targets “a foreign adversary’s control over a communications platform” and is justified by compelling national security interests (TikTok v. Garland, 604 U.S. __, 9–12 [2025]).
Justice Gorsuch, concurring in the judgment, underscored the risks posed by TikTok’s data practices. He detailed TikTok’s ability to collect extensive personal information, including “names, contact information, contact photos, job titles, and notes” from users’ contact lists. This data, he warned, could enable China to “track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage” (TikTok v. Garland, 604 U.S. __, 14 [2025]).
The government also highlighted concerns about TikTok’s proprietary recommendation algorithm, controlled and developed in China. This algorithm, trained on data collected from U.S. users, plays a central role in TikTok’s operations. The government maintained that without divestiture, ByteDance could exploit this algorithm for its own purposes, a concern that has been echoed by many Americans for as long as TikTok has been available for download.
The Supreme Court’s willingness to ban TikTok sets a significant precedent in the U.S., raising the possibility that other foreign-owned platforms could face similar restrictions if their practices are deemed a national security threat. Yet this action mirrors China’s long-standing approach to restricting foreign platforms. China blocks U.S. companies like Google, YouTube, Facebook, Instagram, and others – something many opponents to TikTok’s ban overlook. Though President Trump saved TikTok this time, the Supreme Court’s willingness to ban the app indicates that tides are shifting.
In a surprising twist, many TikTok creators are migrating to RedNote, a Chinese-owned app. These so-called “TikTok refugees” appear unconcerned—or perhaps indifferent—about privacy risks associated with another Beijing-linked platform. As millions transition to RedNote, it becomes evident that privacy concerns may not be what they once were.
The U.S. Supreme Court’s ruling that a social media app can be banned outright marks a turning point in the intersection of technology, national security, and user privacy. While the app’s absence would have undoubtedly reshaped the social media landscape, it also underscores the complexities of balancing free expression, economic interests, and the imperatives of national security. The ban and subsequent restoration see social media entering the foray as a foreign policy cudgel – will more bans follow, or will TikTok stand alone?