The future of TikTok in the United States will be determined by a U.S. Supreme Court decision, following years of scrutiny over national security and data privacy concerns. The decision, which could get the social media app banned in this country starting Sunday, will impact TikTok’s 170 million U.S. users and its role as a platform for creativity, community, and cultural expression.

Leading up to the TikTok ban

The case stems from the passage of the Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which sets the legal framework to ban TikTok due to its ties to Chinese-owned parent company ByteDance.

The situation escalated after President Donald Trump’s 2020 executive order, citing national security risks related to TikTok’s data collection. Trump demanded ByteDance sell the app to an American company or face a ban, alleging that TikTok’s data could allow the Chinese Communist Party access to Americans’ personal information, potentially enabling activities such as location tracking of federal employees, building blackmail dossiers, and corporate espionage.

In response, TikTok launched “Project Texas,” a $1.5 billion initiative in 2022 aimed at routing American user data to Oracle’s infrastructure to address data security concerns. Despite these efforts, TikTok continued to face legal challenges, including an April 2024 law requiring ByteDance to divest from TikTok’s U.S. operations.

TikTok and ByteDance sued the U.S. federal government in May 2024, arguing that the legislation infringes on the First Amendment rights of U.S. users. In August 2024, the Federal Trade Commission and the Department of Justice sued TikTok and ByteDance for allegedly violating children’s online privacy laws.

On Dec. 6, 2024, a federal appeals court upheld the ban, which set the stage for a U.S. Supreme Court review. Last week, the court heard oral arguments, with justices focusing on whether ByteDance has First Amendment rights. The case will ultimately determine whether TikTok can operate independently of ByteDance’s ownership, shaping its role in free expression and advocacy.

TikTok’s role for AA+PI voices

TikTok has become a vital platform for AA+PI communities, offering visibility, cultural celebration, and a space to explore identity that has often been missing in mainstream media. It has helped foster community building, advocacy, and education. For many, TikTok is a space for activism and amplifying underrepresented voices.

For instance, Nadya Okamoto, a leading activist in menstrual equity, utilizes TikTok to inspire social change among her four million followers. She previously shared that the platform has allowed her to create a “supportive network of like-minded individuals who are passionate about sharing their stories,” noting that she has collaborated with other content creators to amplify Asian American voices. “(We) share our stories and raise awareness about important issues such as anti-Asian racism and mental health,” Okamoto previously said.

On Dec. 27, 2024, global law firm Cooley LLP filed an amicus brief in the U.S. Supreme Court on behalf of 15 social and racial justice nonprofits, including Stop AAPI Hate, Asian Americans Advancing Justice, and the Asian American Federation. The firm noted that “TikTok uniquely empowers diverse groups to build community and solidarity, challenge stereotypes and discrimination, advocate for civil liberties and other social causes, engage in religious practice, encourage democratic participation and fight back against disinformation.”

Potential impacts of a TikTok ban

The Cooley amicus brief argues that the federal TikTok ban violates First Amendment rights and disproportionately harms AANHPIs and marginalized groups by perpetuating stereotypes and equating Asian origins with national security threats. “This ruling will tell the world that being a person or company that simply has origins in Asia is enough to be labeled a national security threat—no evidence required,” Stop AAPI Hate tells JoySauce.

“This ruling will tell the world that being a person or company that simply has origins in Asia is enough to be labeled a national security threat—no evidence required.”

A TikTok ban would have far-reaching consequences for AA+PI communities. It would eliminate a crucial platform on which their voices are amplified, celebrated, and understood, undoing progress in reshaping narratives about AA+PIs. Many creators and entrepreneurs depend on TikTok for income, audience building, and brand promotion; meaning the ban would also create economic hardships.

Moreover, the loss of TikTok as a digital public square would hinder vibrant cultural exchange, silencing stories and traditions that connect AA+PIs with a global audience. Advocates argue that such a ban infringes upon their constitutionally protected voices and perpetuates historical patterns of discrimination, disguised as national security concerns.

This legal battle not only challenges the ban’s constitutionality but also highlights the intersection of technology, free speech, and racial justice. With the looming threat of a TikTok ban, its loss would be a significant blow to minority representation and civil liberties in the digital age—stifling an essential outlet for advocacy, cultural exchange, and community support. The platform is more than just entertainment—it’s a lifeline for AA+PI advocacy, and its removal would be a severe blow to the progress these communities have fought to build.