US News
How Donald Trump could stop the TikTok ban
The Supreme Court has upheld the law that could lead to the banning of TikTok in the US. Could Donald Trump save the social media platform?
The US Supreme Court has ruled that Congress did not violate the First Amendment rights of Americans by passing a law that will effectively ban TikTok in the country on Sunday. The court argued that the law does not limit the expressive freedoms of TikTok’s users in the country because the law aims at forcing Byte Dance, the parent company of the social media platform, to divest its holdings from TikTok US. The company challenged the legality of the law passed in 2024, and since it has yet to sell off the TikTok US, it will be pulled from the app store on Sunday.
The court recognizes that the “more than 170 million Americans” that use TikTok will be denied “a distinctive and expansive outlet for expression, means of engagement, and source of community.” Nevertheless, they upheld the constitutionality of the bill based on Congress' opinion “that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary.”
The announcement will have significant implications, and with the possible ban looming just days away, there is little time to find a buyer, let alone negotiate a divestment contract that satisfies both parties.
The Republicans backslide on their opposition to TikTok
Since the 2024 general election, right-wing pundits and personalities have openly discussed how TikTok enabled them to communicate effectively with younger voters, contributing to Donald Trump’s victory. Viewing the platform as a valuable resource for the GOP, some individuals are beginning to urge the incoming administration and Congress to reconsider their stance on TikTok.
Florida Congressman Mike Waltz said earlier this week that Donald Trump and Congress would “put measures in place to keep TikTok from going dark.” The law passed by Congress allows Byte Dance to apply for a 90-day extension, but it is up to Byte Dance whether or not they accept the extension. However, it is clear that not all Republicans are on board with preventing the app from going dark in the US. Senate Democrats attempted to pass a bill that would extend the deadline, but it was blocked by the GOP caucus, which now holds a majority in the chamber.
What actions could Donald Trump take using his presidential authority?
When it comes to his powers as president, Trump does not have many options when it comes to stopping Byte Dance from withdrawing TikTok for app stores. He could encourage Congress to reverse course, but as a private business, he cannot force ByteDance to divest in order to keep the app active in the US.
Earlier today, the president-elect said he had a call with Chinese President Xi Jinping and that the status of TikTok was discussed. No details about a deal that could avert the ban were mentioned, but based on previous statements, the incoming administration could refuse to enforce the law, which would go into effect the day before he takes office.
The Biden administration has made clear that they will not be taking any actions, punting any decisions to Trump’s White House.
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