Social media platform TikTok said it will be “forced to go dark” on Sunday unless the White House makes a “definitive” statement about its future, the company said in a statement Friday night.
The announcement came after the Supreme Court earlier in the day upheld a law to ban TikTok unless the platform cuts ties with China-based parent company ByteDance by Sunday.
The Biden administration said earlier Friday that it would not enforce the potential ban immediately after the deadline, leaving implementation of the law to President-elect Donald Trump, who takes office on Monday.
However, TikTok said the messages from the Biden administration were not clear enough.
“The statements issued today by both the Biden White House and the Department of Justice have not provided the necessary clarity and certainty to the service providers integral to maintaining TikTok’s availability to over 170 million Americans,” the social media company said in its statement. “Unless the Biden administration immediately makes a definitive statement to satisfy the most critical non-enforcement service providers, TikTok will unfortunately be forced to go dark on January 19.”
In response to the TikTok statement, a White House official told ABC News late Friday that the Biden administration has already gone to extraordinary lengths to communicate its position — that it will be up to the incoming Trump administration to implement and enforce the law.
Earlier Friday, shortly after the Supreme Court announced its decision, the White House had said enforcement of the ban would fall to Trump due to timing.
“TikTok should remain available to Americans, but only under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law,” said White House press secretary Karine Jean-Pierre. after the ruling, adding: “Given the great fact of timing, this administration recognizes that actions to implement the law must simply fall to the next administration, which takes office on Monday.”
Trump, who opposed the ban, has said he will try to reverse it.
“The Supreme Court ruling was expected and everyone must respect it,” Trump wrote on Truth Social. “My decision on TikTok will be made in the not too distant future, but I need time to review the situation. Stay tuned!”
The court’s decision was unanimous, with liberal Justice Sonia Sotomayor and conservative Justice Neil Gorsuch writing concurring opinions.
“There is no doubt that for more than 170 million Americans, TikTok offers a distinctive and expansive outlet for expression, engagement and source of community,” the judges said in the ruling. “However, Congress has determined that the divestment is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
It continues: “For the foregoing per curiam reasons, we conclude that the challenged provisions do not violate petitioners’ First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed.”
Sarah Baus, left, of Charleston, SC, and Tiffany Cianci, who says she is a “long-time educational content creator,” livestream for TikTok outside the Supreme Court on Friday, Jan. 10, 2025, in Washington.
Jacquelyn Martin/AP, FILE
In an apparent attempt to limit the implications of its decision, the court said its ruling should not be interpreted as a rebuke of common practices taken up by social media companies, such as data collection.
“We emphasize the inherent narrowness of our holding,” the unsigned order says. “Data collection and analysis is a common practice in this digital age. But TikTok’s scale and sensitivity to foreign opposition control, along with the vast amounts of sensitive data the platform collects, justifies disparate treatment to address the government’s national security concerns.”
In its statement about going dark, TikTok also referenced statements from the Department of Justice.
Earlier Friday, Attorney General Merrick Garland issued a statement that read: “The court’s decision allows the Department of Justice to prevent the Chinese government from weaponizing TikTok to undermine US national security. Authoritarian regimes should not have unfettered access to millions of Americans’ sensitive data. The Court’s decision confirms that this law protects the national security of the United States in a manner consistent with the Constitution.”
Deputy Attorney General Lisa Monaco said in a statement: “The next phase of this effort – implementing and ensuring compliance with the law after it takes effect on January 19 – will be a process that unfolds over time.”
TikTok CEO Shou Zi Chew will attend Trump’s inauguration after receiving an invitation from the incoming administration.
Shou thanked Trump in a video posted to TikTok following the Supreme Court ruling.
“I want to thank President Trump for his commitment to working with us to find a solution that keeps TikTok available in the United States. This is a strong stand for the First Amendment and against arbitrary censorship,” he said.
Shou added: “We are grateful and want the support of a president who truly understands the platform – one who has used TikTok to express his own thoughts and perspectives, connect with the world and generate more than 60 billion views of his content in the process .
The TikTok logo is pictured outside the company’s US headquarters in Culver City, California, September 15, 2020.
Mike Blake/Reuters, FILE
Trump said he had spoken with Chinese President Xi Jinping on Friday morning, with TikTok being one of the topics they discussed, according to a Truth Social post.
TikTok — which boasts more than 170 million US users — challenged the sell-or-ban law on First Amendment grounds, arguing that a potential ban would limit its users’ free speech rights.
However, lower courts found merit in security concerns about potential data collection or content manipulation by the Chinese government.
Even after the ban takes effect, TikTok may remain available to US users.
Instead of forcing TikTok to take the app dark, the law targets third-party companies like cloud service providers and app stores. TikTok could bypass such restrictions, at least temporarily, although experts say the quality of the app would deteriorate over time.
—ABC News’ Elizabeth Schulze and Jack Moore contributed to this report.
