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A TikTok ban in the U.S. is now even more likely—here's why & what it means
Users and creators are worried about TikTok getting banned in the United States. Catch up on the latest updates!
Is the clock app running out of time and support?
President Joe Biden has signed a law banning TikTok in the United States, but you're probably wondering what that actually means for the platform's users and creators.
On Tuesday, April 23, lawmakers finally pushed through the legislation to potentially ban TikTok in the U.S. This comes after years of politicians flirting with the idea and weighing the app's supposed security risk over its social significance.
TikTok content creators are currently scrambling to salvage their communities and income. They are aware of and concerned about the potential legal consequences they could face in the near future. Others have expressed doubt that the ban will go into effect at all.
With that in mind, here are a few facts you should know about this TikTok ban in the United States.
No, it is not a crime to use TikTok under the new law. The only penalties the legislation threatens are fines against platforms that host the app, such as the Google or Apple stores. Individual users will not be punished for their use of the app, though they may not have access to it.
For now, yes. TikTok’s Chinese parent, ByteDance, has 270 days to sell the platform to an American company, which puts the deadline at January 19, 2025.
After that scheduled deadline, the site could be forced to block access to users based on their location, much like Pornhub and other adult sites in states that have passed age-verification laws, as previously reported by The Advocate.
Biden did not address the TikTok ban when he signed it into law on Tuesday night. The ban was included in the foreign aid bill providing assistance to Ukraine, Israel, and Taiwan, which is considered a priority among U.S. lawmakers. The president only discussed the importance of the aid when approving the ban.
TikTok released a statement immediately, declaring the ban "unconstitutional" and vowing to "challenge it in court."
"We believe the facts and the law are clearly on our side, and we will ultimately prevail. The fact is, we have invested billions of dollars to keep U.S. data safe and our platform free from outside influence and manipulation," a spokesperson said.
It remains unclear if a ban on TikTok is unconstitutional, or how a national lawsuit would play out. A similar law in Montana was blocked after a lawsuit from the company, with a federal court determining the state's ban is likely a "fundamental constitutional violation."
LGBTQ+ TikTok creators previously told The Advocate that the ban will have a "disproportionate effect on the queer community" and eliminate "networks of support and activism." Nonbinary content creator and best-selling author Jeffrey Marsh said that "a vibrant, kind and supportive queer community [will] disappear overnight."
Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. In her free time, Ryan likes watching New York Rangers hockey, listening to the Beach Boys, and practicing witchcraft.
Ryan is a reporter at The Advocate, and a graduate of New York University Tisch's Department of Dramatic Writing, with a focus in television writing and comedy. She first became a published author at the age of 15 with her YA novel "Someone Else's Stars," and is now a member of GALECA, the LGBTQ+ society of entertainment critics, and the IRE, the society of Investigative Reporters and Editors. In her free time, Ryan likes watching New York Rangers hockey, listening to the Beach Boys, and practicing witchcraft.
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