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At the beginning of the year, everyone was upset about the US ban on TikTok.

But when the ban was imposed in court, everyone turned their attention to other things.

Well, ban is back. Or is it?

Last week, a federal appeals court upheld the law, citing national security concerns and rejecting TikTok parent ByteDance's argument that the ban violated the constitutional right to free speech.

The decision paves the way for US users to lose access to TikTok on January 19th.

But not so quickly.

What is really happening? What's likely to happen before you lose the dance videos, dog memes and general ridiculousness of TikTok – and one of the most powerful marketing and commerce platforms of the last decade?

As the clock ticks, we asked Robert Rose, CMI's chief strategy advisor, for his opinion. Here's what he had to say:

Court: TikTok is not a First Amendment issue

Time is running out on TikTok and ByteDance.

Justice Douglas Ginsburg ruled in his ruling to uphold the divestment of TikTok. In the decision, he wrote: “The First Amendment is designed to protect free speech in the United States. Here the government acted solely to protect that freedom from a foreign adversary nation and to limit that adversary’s ability to collect data about people in the United States.”

Translation: It's complicated.

Of course, TikTok's lawyers fired back, saying the ban will “silence the voices of over 170 million Americans here in the United States and around the world on January 19, 2025.”

And let's be honest: How is the world supposed to survive without endless cat videos and questionable life hacks?

First Amendment issues aside, TikTok has grown into a marketing, advertising, and e-commerce behemoth. I've talked many times about how both B2C and B2B marketers are seeing real engagement, real success, and real money with TikTok.

Don't believe in the January 19th deadline

In the spring I saved you from reading the draft law and explained what was going on. And this time I have to say that many media outlets are still not communicating what is really happening. They make it sound like January 19th is a line in the sand after which all access to the network will be blocked. That's simply not true.

The January 19 date is 270 days after the bill was signed – the deadline for ByteDance to divest from TikTok. But TikTok has filed an injunction to prevent the ban from taking effect.

Frankly, this was always going to happen, even without the interesting fact that Donald Trump, who said on the campaign trail that he opposed the ban, will take office on January 20th. Let's talk about timing.

Back in March, I said there was little danger of TikTok going anywhere, and I still believe it.

The January 19 date could be suspended by the courts, US infrastructure might not block the site, or President Trump might intervene before the Inauguration Day dinner. In any case, a TikTok deal will not be concluded in the next few months.

So if you're thinking about leaving TikTok or considering a switch, take a breath. Give it a few weeks. I think you'll be fine.

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Cover image by Joseph Kalinowski/Content Marketing Institute

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