Is TikTok getting banned? What Trump's election means for its fate
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A federal appeals court recently ruled that a congressional ban on TikTok can proceed in the coming weeks, contingent on the incoming Trump administration's stance.
Since its US debut in 2017, TikTok has become a cultural phenomenon, amassing over 150 million American users. However, its Chinese ownership has raised bipartisan concerns about national security, leading to efforts to either sever its ties with China or ban it outright.
The ban, set to take effect if ByteDance, TikTok’s parent company, does not divest by January 19, was signed into law by President Biden in April. TikTok and its creators argue that this ban infringes on the free speech rights of its users. The Department of Justice (DOJ), however, maintains that the ban is necessary for national security. On Friday, the DC Circuit court sided with the DOJ.
While TikTok is expected to appeal to the Supreme Court, the incoming Trump administration could alter the course of the app's fate.
How We Got Here
Concerns about TikTok's potential use for espionage and propaganda by the Chinese government have been brewing since Trump's first term. In 2020, Trump attempted to ban the app via executive order, but legal challenges stalled the effort, and Biden later rescinded it, opting for legislative action instead.
ByteDance and its users lobbied against the ban, causing an uproar in Congress. Despite this, the bill passed, and ByteDance refused to sell TikTok, leading to the current legal battle. TikTok argues that the ban is a violation of the First Amendment and that divestiture within the 270-day period is technologically and legally unfeasible.
Legal experts suggest that Congress's ability to ban TikTok hinges on proving substantial national security risks that cannot be mitigated by other means. The DC Circuit court, in its majority opinion, emphasized the government's duty to protect against foreign adversaries, aligning with the DOJ's stance.
What a Trump Presidency Means for TikTok
President-elect Trump, who now has a significant following on TikTok, has promised to save the platform. His previous opposition to TikTok was grounded in his broader anti-China policy, but his current position appears influenced by his animosity towards Meta, TikTok’s rival.
Trump’s administration, however, includes officials like Marco Rubio and Brendan Carr who strongly oppose TikTok. Balancing these internal divisions will be critical in shaping the app's future.
Trump could potentially negotiate a sale of TikTok to a US entity or influence the DOJ’s arguments in court. However, experts argue that a lasting solution should address the First Amendment concerns and ideally come from a judicial declaration of the ban's unconstitutionality or a legislative repeal.
