The Common Law

I’m in eighth grade and my friends and I are on TikTok all the time. We freaked out when we learned that TikTok was going away. And it did, but then it didn’t. What’s the deal? Why was it canceled, and will it actually go away? – Ava E.

Have you been doomscrolling TikTok lately to see if it’s been banned? You are not alone. The drama surrounding the TikTok ban has been a political and legal roller coaster that is hard to follow. Here’s a breakdown of important events.

In April 2024, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act. The law targeted apps controlled by foreign governments and was specifically designed to ban apps controlled by Chinese companies like TikTok. The law enjoyed bipartisan support and passed the House with a 360-58 vote. Under this law, TikTok’s parent company (ByteDance) was given nine months to divest itself of TikTok by selling it to American (or allied) ownership. Failure to do so would result in a nationwide ban by January 2025.

In May 2024, TikTok filed a lawsuit challenging the law as unconstitutional, alleging it was an improper limitation on free speech and that it was an unlawful taking of private property. A federal appeals court and the U.S. Supreme Court both upheld the ban as constitutional.

On January 18, 2025, TikTok went dark, frustrating millions of TikTok app users. But then TikTok was unexpectedly restored the next day, largely due to President Trump’s incoming administration. President Trump signed an executive order postponing the enforcement of the ban for 75 days, which was a reversal of President Trump’s previous position that was in favor of the ban.

So, while the clock is TikToking (couldn’t resist) on the ban extension, what happens next is anyone’s guess. It’s possible TikTok could be sold to a U.S. owner or could be banned for good.