Can Trump Stop the TikTok Ban? His Limited Options as Supreme Court Signals Support for the Law
The Supreme Court indicated during oral arguments on Friday that it may uphold a federal law banning TikTok unless its Chinese parent company, ByteDance, divests ownership. With the ban set to take effect just one day before President-elect Donald Trump’s inauguration, Trump may attempt to intervene once in office. However, his options are constrained if the court upholds the law, and any actions he takes could face legal challenges.
Key Facts
- Trump’s Opposition: In a recent court filing, Trump’s legal team confirmed his opposition to the ban. On Truth Social, he questioned, “Why would I want to get rid of TikTok?” and highlighted his popularity on the platform, referencing billions of views garnered by his official accounts and associated hashtags.
- Timing of the Ban: The law is set to take effect on January 19, one day before Trump’s inauguration. Trump has asked the Supreme Court to delay the law until after he takes office, arguing he wants time to address the issue.
- Limited Presidential Powers:
- 90-Day Pause: Trump could pause the ban for 90 days if TikTok shows progress toward divesting from ByteDance. However, without substantial evidence of divestment, such a move could be legally challenged.
- Declare Compliance: Trump might also declare TikTok compliant with the law, even if ByteDance has not divested. This could delay enforcement but might also face court challenges.
- Negotiating a Sale: Trump could work to broker a deal for ByteDance to sell TikTok to a U.S. company, but ByteDance has so far resisted selling the platform.
Crucial Quote
“President Trump opposes banning TikTok in the United States at this juncture and seeks the ability to resolve the issues at hand through political means once he takes office,” Trump’s lawyer Dean John Sauer wrote in a brief to the Supreme Court.
Supreme Court’s Role
During oral arguments on January 10, justices expressed skepticism about TikTok’s legal claims against the ban, signaling they may uphold the law. A ruling is expected before January 19, though the court could temporarily delay the law’s implementation if further deliberation is needed. Trump’s request to pause the ban until after his inauguration may not hold weight, as he is still a private citizen and not yet in office.
Could Trump Choose Not to Enforce the Ban?
One potential move would involve Trump’s Justice Department declining to enforce the law, allowing companies like Apple and Google to keep TikTok on their app stores without facing penalties. However, experts note that such assurances might not prevent legal liability, as companies could still be penalized if the administration later reverses course.
Will ByteDance Divest from TikTok?
ByteDance and TikTok have thus far resisted divestment, arguing in court filings that separating is “not possible technologically, commercially, or legally.” However, legal experts suggest the Supreme Court upholding the law could pressure ByteDance to reconsider. Additionally, Trump’s administration could attempt to negotiate with China to approve a sale, possibly leveraging other economic policies like tariffs.
What Happens If the Ban Takes Effect?
If the ban is upheld:
- App Availability: TikTok would be removed from U.S. app stores and internet service providers, blocking new downloads and updates. This would eventually render the app non-functional.
- User Data: Hosting U.S. user data in the country would also be prohibited, potentially forcing TikTok to move its servers abroad, which could raise privacy concerns.
- Alternative Apps: ByteDance-owned apps like Lemon8 and CapCut would also be subject to the same restrictions.
TikTok has warned that banning internet service providers from hosting the app could effectively shut down its operations in the U.S. entirely, a scenario TikTok’s lawyer Noel Francisco described as the platform going “dark.”
Surprising Fact
If TikTok’s U.S. data can no longer be hosted domestically, it might be transferred to China, similar to what occurred when India banned the app in 2020. This would contradict the national security goals of the federal law, as it could increase the likelihood of Chinese government access to the data.
Key Background
President Joe Biden signed the law requiring TikTok to divest or face a ban in April, citing national security concerns. TikTok has denied any ties to the Chinese government, but reports have highlighted issues like the app tracking journalists, mishandling user data, and promoting Chinese propaganda.
Despite these concerns, courts have ruled that the law is narrowly tailored, as it allows TikTok to operate in the U.S. if ByteDance divests. The Supreme Court took up the case after lower courts upheld the law and declined to delay its implementation.
The legal battle over TikTok’s future in the U.S. continues, with significant implications for users, creators, and the broader tech landscape.