The U.S. Supreme Court appears poised to uphold a law that would ban TikTok in the United States after hearing arguments in TikTok vs. Garland on Jan. 10.
Approximately 150 million Americans use TikTok, which is owned by the Chinese company ByteDance. On. Jan. 19, a law requiring ByteDance to sell TikTok to operate in the U.S. is set to go into effect, essentially meaning the app needs to break ties with its parent company or face a ban.
The U.S. government has argued that TikTok presents a national security threat. TikTok has argued that restricting their right to operate in the U.S. infringes upon free speech. President-elect Donald Trump has expressed support for keeping TikTok available in the U.S. and argued that the Supreme Court should delay enacting the law until after he takes office on Jan. 20.
MSU experts are available to comment on the case and how a potential TikTok ban could impact businesses, content creators and social media users.
Legal
Nancy Costello is a clinical professor of law at MSU’s College of Law, where she serves as the director for the First Amendment Clinic and the Free Expression Online Library and Resource Center. She is an expert on First Amendment law, and she can comment on the issues at play in the case.
Contact: costel29@law.msu.edu
“Supreme Court justices, both conservative and liberal, seemed to agree with warnings by the U.S. solicitor general that the Chinese government could manipulate information users see on the platform and use data collected from Americans for nefarious purposes. Justice Brett Kavanaugh went so far as to say that TikTok under Chinese ownership could use information gathered on American teenagers to blackmail them or turn them into spies in the future who could go to work for the national security agencies or the military.
“The justices also seemed to agree that the law, passed by Congress and signed by President Joe Biden last year, would not run afoul of the First Amendment because it would not ban any content on TikTok as long as ByteDance, the Chinese parent company, transferred ownership and operation of the app to an American-based entity. But it is not a sure bet that the court will rule to uphold the law. Some justices speculated there might be less drastic actions taken to protect national security other than forcing a sale or shutting the app down. Options include posting warnings on the app to alert users that their data could be shared and used by communist China or forbidding TikTok from collecting personal data on American users at all.
“And, of course, the wild card is President-elect Donald Trump, who is poised to take office on Jan. 20. Under the law, the president is charged with determining whether ByteDance has properly divested its holdings in TikTok. It is the Trump administration that will decide what that should look like. Four years ago, Trump wanted to ban TikTok, but he has done a 180 on that position and now wants to preserve the social media app. He has described it as an important platform for free speech — political speech in particular — and it certainly was for him in his presidential campaign. He has said TikTok should not be shut down because some speech that gets posted is disfavored.”
Dennis Kennedy is the director of the Center for Law, Technology and Innovation at the MSU College of Law. He is an expert on the use of technology as it relates to law practice, and he can comment on the legal issues surrounding TikTok.
Contact: kenne514@law.msu.edu
“The TikTok divestiture scenario highlights a fundamental mismatch: a legal system designed for a slower era grappling with technologies that change at lightning speed and, in the case of TikTok, which not only serve as social hubs for millions but also fuel a significant creator economy that young people depend on. History, from Prohibition to Napster, shows that blunt-force, top-down regulatory approaches often backfire, creating more problems than they solve. In fact, applying them to a dynamic platform intertwined with the creator economy is a recipe for unintended consequences.
“It’s time for a fundamental rethink of how we govern technology in the 21st century and move beyond reactive, case-by-case court battles and company-targeted legislation and create an agile and comprehensive national tech policy framework fit for our digital age. In this case, both TikTok and the tech landscape have dramatically changed since April 2024 when the law directed at TikTok was signed, and a new administration is coming into office. Are we comfortable with having a judicial system that struggles to keep pace with and is always playing catch up to technological advancements with global impact determine the fate of platforms that might be central to the economic future of a generation, especially as we start to face the many difficult issues AI is bringing us? As I’ve heard many people say, ‘Why are they taking away our TikTok when there are so many more important issues they could be addressing?’”
Social media users and content creators
Anjana Susarla, Omura-Saxena Professor of Responsible AI in the MSU Broad College of Business, is an expert on social media analytics, technology policy, and responsible uses of artificial intelligence. She has been a commentator on algorithmic bias, digital transformation and AI for several national media outlets, including Politico, Gizmodo and Business Insider.
Contact: asusarla@broad.msu.edu
“It has been estimated that a third of U.S. adults use TikTok, with 59% of adults under 30 reporting usage of the app. TikTok’s algorithm is seemingly designed for virality since it personalizes user’s feeds based on their prior engagement patterns. The app has seen phenomenal growth and popularity. This has also led to a thriving creator economy on this app, with small businesses, content creators and artists flocking to the app to build their brand and monetize their content. In today’s world, the creator economy has become a major economic force, and pivoting to other platforms may not be easy for content creators, at least in the immediate future. The Supreme Court decision may then be most consequential for digital content creators, marketers and influencers who rely on the app for future income and visibility.”
Saleem Alhabash, professor of advertising and public relations in the MSU College of Communication Arts and Sciences, has been researching why and how people use social media for almost two decades. He has conducted extensive survey-based research on the motivations to use social media among young adults. He is an expert in the persuasive impact of social and digital media as it relates to purchase decisions and psychological well-being.
Contact: sa@msu.edu
“If TikTok were to shut down operations in the U.S., users are going to experience a deep sense of habit loss and grief over the abrupt shutdown. However, theory tells us that users will adapt and substitute their media use needs by switching to other platforms. The impact of the potential TikTok shutdown on influencers and creators is going to be immeasurable. We are living in a creator economy, which is the fastest growing small business economy; therefore, there is considerable potential impact of the shutdown on influencers’ and creators’ financial livelihood. The potential shutdown will also deeply impact businesses who are leveraging the ecommerce element of TikTok to market and sell their products directly to consumers.”
Ed Timke, assistant professor of advertising and public relations in the MSU College of Communication Arts and Sciences, is a public cultural historian of advertising and its place in society and culture. He can discuss how a TikTok ban could impact how companies approach advertising and marketing — and how these companies adapt to reach audiences.
Contact: timkeedw@msu.edu
On advertising and society: “A TikTok ban would have big effects, not just on advertising, but also on how people — especially younger generations — engage with media. TikTok has grown into a cultural hotspot, driving trends, providing opportunities for underrepresented groups to be heard, and building communities through shared content. Without this platform, online communities could become even more divided, and smaller brands or creators who rely on TikTok’s natural reach might have a hard time finding other spaces to connect with their audiences.”
On influencer marketing: “TikTok plays a big role in influencer marketing. A ban on the app could seriously disrupt this growing ecosystem. Brands that depend on TikTok influencers to connect with audiences in a genuine way might have a hard time finding similar options, especially when trying to reach Gen Alpha, Gen Z and millennials. Businesses would need to look into new platforms or adjust their influencer strategies to keep engaging with their audiences effectively.”
Consumer behavior and business
Ayalla Ruvio, associate professor of marketing in the MSU Broad College of Business, studies the psychology of consumers’ shopping behaviors. She can discuss how TikTok drives consumer purchasing behaviors and the implications for businesses in the event of a ban.
Contact: aruvio@msu.edu
“TikTok drives consumer purchasing behavior through personalized content that aligns with their preferences and offers relevant product recommendations. Its engaging and interactive content authentically promotes products, builds trust and encourages spontaneous purchases. Additionally, integrated shopping features, like live events and “Shop Now” buttons, streamline the buying process, making it easy for users to act on their interests, thus #TikTokMadeMeBuyIt. TikTok addresses all the fundamental needs of today’s consumer’s digital shopping experience — convenience, thrill and impulsive satisfaction.
“A TikTok ban could disrupt marketing strategies for businesses that rely on its algorithm and viral trends to reach their target markets, forcing a shift to less effective channels. Small businesses, direct-to-consumer brands, and influencers, especially, may face significant economic losses, as TikTok is critical for affordable, high-engagement advertising. All of which would need to find alternatives and rebuild visibility on platforms like Instagram Reels and YouTube Shorts.”
Patricia T. Huddleston, professor of retailing in the MSU College of Communication Arts and Sciences, is an expert on retail strategy and consumer behavior. She can discuss how consumers and brands use TikTok how those behaviors might change if TikTok is banned in the U.S.
Contact: huddles2@msu.edu
“TikTok has the highest engagement level of all social media platforms, with users spending over 90 minutes daily. This provides an unparalleled opportunity for brands to showcase their products and captivate consumer attention. Social commerce revenue continued to skyrocket in 2024, reaching $90.5 billion and is predicted to reach $105.5 billion in 2025. According to Statista, 43.8% of TikTok users purchase merchandise on social media platforms, surpassing Facebook and Instagram. If TikTok is banned, consumers will likely turn to other social media platforms for inspiration.”