On January 10th, the Supreme Court of the United States (“Supreme Court”) heard arguments about whether the Protecting Americans from Foreign Adversary Controlled Applications Act (the “Act”), as applied, would violate TikTok, Inc.’s First Amendment rights. As of Friday, January 17, the Supreme Court ruled to uphold the Act.[1] The Supreme Court found that the Government’s national security justifications were compelling, and the Act was narrowly tailored to further those interests.[2] Therefore, the Act was not a violation of the First Amendment.[3] The Act will make it unlawful for companies in the United States to provide services to distribute, maintain, or update the social media platform TikTok unless the platform is severed from Chinese control.[4] As of January 19th, TikTok is effectively banned from the United States.
This Act went into effect one day before President Joe Biden (“President Biden”) left office.[5] President Biden stated that he would not enforce the ban on his final day as president, as it would be impossible to bring an enforcement proceeding to completion in one day.[6] Ultimately, President Donald Trump (“President Trump”) will be tasked with enforcing the law. President Trump has filed a brief claiming that he “alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government.”[7] Despite President Trump being the first to raise concern over TikTok in 2020, he now claims to be committed to saving the app.[8] Critics are curious as to how this will play into President Trump’s political agenda.[9]
What does this mean for everyday users?
The Act makes it unlawful for app stores to sell and maintain TikTok.[10] After the ruling by the Supreme Court, TikTok threatened to “Go Dark” unless the Biden administration assured them that Apple, Google, and other companies would not be punished for providing TikTok services in the US.[11] Despite the fact that President Biden had made clear that his administration would not take any immediate action against Apple, Google, and other companies, TikTok proceeded to “Go Dark”.[12] TikTok went dark for a little over 12 hours from January 18th to the 19th, returning with a message thanking President Trump for providing the necessary clarity needed for the app’s return.[13]
However, TikTok is still banned, and moving forward the app will no longer be available on app stores.[14] Users who deleted the app during the blackout period or users seeking to download the app for the first time will be unable to do so.[15] Existing users will be able to continue using the app on their devices.[16] But, since the app is no longer available for updates it will likely develop glitches and stop working over time.[17] Similar to “Flappy Bird”, a once famous app that users downloaded to play games. When Flappy Bird was shut down, the app was removed from the App Store and Google Play, but users who previously had the app on their devices could continue to play the game.[18] However, over time the app began to slow down and eventually became obsolete. Current users of TikTok may experience a very similar outcome. In an attempt to prevent this, President Trump has announced that he will issue an executive order to extend the period before the Act goes into effect, so that his administration can make a deal to protect national security.[19] If President Trump is unable to “save” TikTok, the ban may negatively affect millions of citizens and small businesses.
What does this mean for TikTok Creators?
Since the start of social media, there have been “influencers” and “content creators” but with TikTok, the fame of content creators rose to a new level. “The creator economy is worth $250 billion, and TikTok hosts more than one million influencers, many of whom make a living or supplement their income through the platform.”[20] Content creators are now on TV commercials, magazine covers, hosting podcasts, and making appearances on television. TikTok users have expressed their desire to see “normal” people on their screens, and companies are listening. Companies are selecting content creators for their campaigns and having them post casual content on TikTok instead of putting out TV commercials or other ad campaigns. Companies have realized that these types of ads are bringing in the most profit and influencers are requesting a pretty penny for these posts. Micro-influencers report making anywhere from $500-$2,000 a post, while celebrity influencers make anywhere from $20,000 to $200,000 a post.[21] Content creators not only make money from ad campaigns but also through the creator fund. The TikTok creator fund allows creators to receive funds based on a variety of factors from their videos, such as likes, views, and other forms of engagement.[22] Users can make anywhere from $0.02-$0.04 per 1,000 views.[23] Creators who post several videos a month that get millions of views each can make a substantial income from the creator fund.
Additionally, the TikTok ban will also affect companies, especially small businesses who rely on social media to get customers in the door. Small businesses in North Carolina are bracing for impact. Annabelle Johnson, owner of a Charlotte-based online boutique Homewurk, said she owns 99% of her business’ success to TikTok.[24] Small businesses are going to be forced to shift to different social media platforms to promote their business. In preparation for the TikTok ban Charlotte content creators and businesses are migrating to other social media platforms like Facebook, Instagram, and YouTube.[25] Instagram and YouTube are expected to experience an increase in engagement because of the TikTok ban, as content creators may try to maintain their social media presence on these platforms.
Ultimately, many creators have reported quitting their jobs and working solely as content creators, but now with the TikTok ban many creators may be forced to return to work or to make other social media platforms work. Investment analysts predict that Instagram and YouTube both stand to gain “incrementally” more revenue and time spent on their platforms following the TikTok ban.[26] Instagram has developed “Instagram Reels”, and YouTube has implemented “YouTube Shorts”, but are these really on par with TikTok?[27] The question now becomes, can YouTube, Facebook, or Instagram regain its popularity and maintain the same level of engagement as TikTok?
[1] Updates: Supreme Court Backs Law Requiring TikTok to be Sold or Banned, NY Times (Jan 17, 2025), https://www.nytimes.com/live/2025/01/17/us/tiktok-ban-supreme-court; TikTok v. Garland, No. 24-656 (Jan. 17, 2025).
[2] TikTok, slip op. at 6.
[3] Id.
[4] Id.; Protecting Americans from Foreign Adversary Controlled Applications Act of 2024, H.R. 7521, 118th Cong. (2d Sess. 2024).
[5] H.R. 7521, 118th Cong. (2d Sess. 2024).
[6] Ian Millhiser, The Supreme Court’s decision upholding the TikTok ban, explained, Vox (January 17, 2025, 11:50 AM), https://www.vox.com/scotus/395462/supreme-court-tik-tok-garland-first-amendment-china.
[7] Id.
[8] TikTok, slip op. at 3. (In August of 2020, President Trump delivered an executive order expressing the danger that TikTok posed to national security)
[9] Id.
[10] Id.
[11] David McCabe, TikTok to “Go Dark” on Sunday for its 170 Million American Users, NY Times, https://www.nytimes.com/2025/01/17/technology/17tiktok-goes-dark-sunday-apple-google.html?smid=nytcore-ios-share&referringSource=articleShare (updated Jan 18, 2025 11:49 AM).
[12] Julia Shapero, TikTok restoring services to US users, The Hill (Jan. 19, 2025, 1:14 PM),https://thehill.com/policy/technology/5094247-tiktok-restoring-service-us/
[13] Id.
[14] Id.
[15] Id.
[16] Id.
[17] Sapna Maheshwari, What would a TikTok ban actually look like?, NY Times (Jan. 17, 2024), https://www.nytimes.com/live/2025/01/17/us/tiktok-ban-supreme-court/what-would-a-tiktok-ban-actually-look-like?smid=url-share.
[19] Christine Mui, Trump reveals his plan to revive TikTok, Politico, https://www.politico.com/news/2025/01/19/trump-plan-save-tiktok-00199177 (updated Jan. 19, 2025, 1:07 PM).
[20] Zev van Zanten & Tina Qian, What if TikTok is banned? Student and alumni creators on the TikTok ban, The Chronicle (Jan. 17, 2025, 12:00 AM), https://www.dukechronicle.com/article/2025/01/what-if-tiktok-is-banned-student-and-alumni-creators-on-the-tiktok-ban#:~:text=As%20TikTok%20is%20the%20main,survive%20if%20TikTok%20is%20banned.
[21] Joe Tobin, Understanding TikTok Influencer Rates: A Comprehensive Guide to Earning and Charging, Billo (Sept. 8, 2024), https://billo.app/blog/tiktok-influencer-rates/#:~:text=Average%20Payment%20Ranges%20Based%20on%20Industry%20Reports%20and%20Surveys&text=Nano%20Influencers%3A%20%24100%20–%20%24500%20per,%3A%20%2420%2C000%20–%20%24200%2C000%2B%20per%20campaign.
[22] TikTok Creator Fund: Your questions answered, TikTok, https://newsroom.tiktok.com/en-gb/tiktok-creator-fund-your-questions-answered (Updated Mar. 25, 2021).
[23] How Much Does TikTok Pay Creators in 2025?, Rally, https://rally.fan/blog/how-much-does-tiktok-pay#:~:text=TikTok%20Creator%20Fund&text=Creators%20are%20paid%20based%20on,from%20the%20Creator%20Fund%20alone (last updated Jan. 15, 2025).
[24] Chyna Blackmon, What will NC content creators do after TikTok ban? Here’s where they would go, Charlotte Observer, https://www.charlotteobserver.com/charlottefive/c5-people/article298595263.html (updated Jan. 17, 2025, 10:36 AM)
[25] Id.
[26] Id.
[27] Mike Issac et. al., Instagram and YouTube Prepare to benefit From a TikTok Ban, NY Times, https://www.nytimes.com/2025/01/17/technology/instagram-youtube-tiktok-ban.html#:~:text=Instagram%20and%20YouTube%20will%20both,Cowen%2C%20said%20in%20an%20interview (updated Jan. 17, 2025, 2:01 PM).
