January 17, 2025 - 4:00pm

The Supreme Court has today upheld legislation forcing TikTok’s Chinese parent company to sell the app or face prohibition in the US. Incoming President Trump, who invited the app’s CEO to sit on the inaugural dais, is now likely to devise a delay of the ban.

With only two days left, Chinese officials are reportedly weighing the sale of TikTok to Elon Musk. Bytedance, the company which owns TikTok, is denying these reports; but, from Kevin O’Leary to Mr Beast, American investors are champing at the bit to save the app and make bank. Trump could orchestrate a friendly sale.

There are laudable reasons to ban TikTok and laudable reasons to buy it. In theory, at least, those reasons could overlap. An altruistic billionaire like Musk could, for instance, genuinely transfer all operations to the US, thereby eliminating legitimate concerns about foreign surveillance and manipulation.

That hypothetical, however, is extraordinarily far-fetched. The enormous power of TikTok is irresistible to oligarchs at home and abroad, and so the app’s fundamental threat remains — whatever Musk’s decision. It is also irresistible to America’s own intelligence agencies, which are rightly beating the drum about security concerns but have nonetheless abused their own powers repeatedly in recent years.

The Chinese government forces ByteDance to function domestically as a tool furthering education and patriotism. US officials know it’s an incredibly powerful weapon. That is why, according to journalist Ken Klippenstein, they’re already carving out exemptions for America’s own diplomacy. O’Leary and Musk are especially interesting potential investors, given that both are close to incoming president Donald Trump. Musk also happens to have cordial relations with the Chinese government, and it is striking that media reports suggest Beijing is even entertaining talk of a sale to the billionaire given its enthusiastic rejection of other potential deals. With Musk, at least, the CCP would have an open line of communication.

In the hands of an American owner friendly with the incumbent administration, the app could provide more surveillance access and opportunities for narrative control, much as we saw the Biden administration pressure and cooperate with Twitter, Facebook, Instagram, and Google during the Covid-19 pandemic.

Notably, Musk is also a major recipient of military contracts in the US, while his telecoms provider Starlink is an important part of wartime operations in Ukraine and Israel. This is worth considering given that, rather than banning TikTok outright, a bipartisan coalition of hawks passed a sweeping bill last spring that forced its sale to a US company. That legislation mentioned TikTok just once.

It is reasonable to disagree on whether the app should simply be banned outright. (I don’t support measures like Kosa but tend to think TikTok has much worse health outcomes than cigarettes for minors, though we needn’t open up that can of worms here.) It is less reasonable to see our public and private sectors’ management of the app as a service to the public, unless you support Big Government and Big Business exerting more control over our daily lives.

The forced sale could keep China, a country with which the US is locked in a new Cold War, from controlling the most popular platform for political and cultural discourse. This is obviously good news for the Pentagon, and for just about every other American. Yet whether Musk or O’Leary or any American owner tweaks the algorithm to favour self-serving narratives or Government propaganda — with or without formal coercion — we may not know until it’s too late. It’s also possible they may have no qualms whatsoever about profiting off the addiction of children.

This is sad to say because we deserve better, but much of the zeal to protect American users from leaders in government and business right now is likely explained by bad intentions, not good ones. We may soon be able to see this with even more clarity.


Emily Jashinsky is UnHerd‘s Washington D.C. Correspondent.

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