What might Trump do to stop the TikTok ban in America?
Block “Tik Tok”
The Supreme Court on Friday upheld a federal law that would ban the popular trend-setting social media platform starting Sunday unless its China-based parent company, ByteDance, sells it.
The unanimous decision ended a legal battle that pitted national security concerns against free speech rights.
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TikTok, ByteDance and some users who rely on the platform for entertainment and income argue that the law violates the First Amendment to the US Constitution.
The Biden administration has sought to show that ByteDance’s ownership and control of TikTok poses an unacceptable threat.
Trump asked
But the Supreme Court ruling does not guarantee an end to the TikTok saga, which comes within the framework of a broader battle between Beijing and Washington.
A Biden administration official said the outgoing administration will leave implementation of the law — and potential enforcement — to President-elect Donald Trump.
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The president-elect asked the Supreme Court to delay the TikTok ban as Trump, who is set to return to the White House the day after the ban takes effect, praised TikTok for helping him win the support of more young voters in last year’s election.
A Trump adviser said the incoming administration “will put measures in place to prevent TikTok from disappearing,” but what those measures will look like and whether they can withstand legal scrutiny remains unknown.
The rise of TikTok
TikTok is one of more than 100 applications developed over the past decade by ByteDance, a technology company founded by Chinese businessman Zhang Yiming in 2012 and whose headquarters are in the Haidian District northwest of Beijing.
In 2016, ByteDance launched an international version of TikTok, and soon after, the app gained huge popularity in the United States and the world, becoming the first Chinese platform to achieve significant progress.
TikTok gained more traction during the COVID-19 pandemic lockdowns when short dances that went viral became a mainstay of the app.
Risks facing major American companies
Even with President-elect Donald Trump offering reassurances, companies such as Apple, Google and Oracle risk significant financial penalties if they do not comply with the TikTok ban that takes effect on Sunday.
The law, upheld by the Supreme Court on Friday, requires ByteDance, TikTok’s Chinese parent company, to sell TikTok’s American assets if the app wants to continue operating in the United States.
Congress passed the law out of concern that TikTok’s ownership structure could allow the Chinese government to obtain sensitive personal information about Americans and manipulate the information Americans receive.
Trump’s interest in the TikTok issue
Trump, who takes office on Monday, has expressed interest in finding a solution that would keep the popular social media app available in the United States while addressing national security concerns.
Trump wrote on the Truth Social website: “I will make my decision regarding TikTok in the not too distant future, but I must have time to review the situation.”
What the experts say?
Legal experts told USA Today that keeping the app operational on Sunday is a risky move no matter what promises Trump makes.
“Companies like Apple, Google and others will have to decide essentially in collaboration with their CEOs and boards whether they want to take this risk of violating the law despite President Trump’s reassurances,” Quinnipiac University law professor Wayne Unger told USA Today.
TikTok said in a statement: It “will be forced to stop operating on January 19” unless the Biden administration confirms to the company’s service providers that the administration will not enforce the law.
How will a TikTok ban work?
The ban works by pressuring companies to stop helping them operate in the United States, and this includes companies such as Apple and Google.
These companies could be subject to fines of $5,000 for each user they help access TikTok.
What might Trump try to do?
CNN and the Washington Post reported that Trump is considering issuing an executive order to stop the ban to give the necessary time to try to negotiate a solution.
“The 90-day extension is something that will probably happen because it’s appropriate,” Trump said in an interview with NBC News. “If I decide to do it, I will probably announce it on Monday.”
The Department of Justice could also simply decide not to enforce the law.
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