Politics
Here's what Trump can do to block a TikTok ban
Top line
The Supreme Court indicated during oral arguments Friday that it could uphold the federal ban on TikTok, potentially leaving it to President-elect Donald Trump to try to maintain legal enforcement once he takes office, but the The president-elect has limited options if the law passes. is maintained and any attempt to stop it could be challenged in court.
President-elect Donald Trump speaks during a press conference at his Mar-a-Lago resort on December 16 in… [+] Palm Beach, Florida.
Getty Images Key Facts
Trump opposes the TikTok ban going into effect, his lawyers said in a recent court filing, and the president-elect asked: Why would I want to get rid of TikTok? on Truth Social last week, posting a graphic touting his popularity on the platform and the billions of views his official accounts and associated hashtags have garnered.
The law that bans U.S. app stores from hosting TikTok unless Chinese parent company ByteDance divests from it is expected to take effect a day before Trump's Jan. 20 inauguration. So Trump also asked the Supreme Court to block the law from taking effect until he takes office. , arguing that he wants time to resolve the ban before it can take effect.
It is unclear whether the Supreme Court will comply with this request, and if the Court upholds the law and it takes effect around the time of Trump's inauguration, it will have limited options to block it.
The law allows the president to suspend the ban for 90 days if TikTok shows it is spinning off from ByteDance, so Trump could suspend it once he takes office. However, without actual evidence showing ByteDance is divesting, Trump's pause may not be legally valid, meaning it could be challenged in court and the ban could take effect anyway.
Trump could also simply declare TikTok compliant with the law, whether or not it is actually separated from ByteDance, noted Alan Rozenshtein, a law professor at the University of Minnesota, which would keep TikTok legal but also leave open the possibility that this decision be challenged in court if ByteDance has not actually done so. ceded.
Beyond that, there's not much Trump can do: He could try to negotiate a deal for TikTok to be sold to a U.S. company so that it properly complies with the law, but if ByteDance isn't willing for sale, which has not been the case so far, the ban will remain in effect unless Congress decides to repeal the law.
Crucial quote
President Trump opposes banning TikTok in the United States at this point and seeks to be able to resolve the issues at hand through political means once he takes office, his lawyer, Dean John Sauer, wrote , in a brief addressed to the Supreme Court.
To watch
The Supreme Court expressed skepticism about TikTok's arguments against the ban during oral arguments on January 10, signaling that the justices could uphold the ban. The court is expected to rule quickly before the law takes effect on January 19, although it may decide to temporarily suspend the entry into force of the law if it needs more time to deliberate. Although Trump asked the Supreme Court to suspend the ban until after his inauguration, he is not a party to the litigation, and Rozenshtein told CBS News that there was no legal basis for Trump to suspend unilaterally the law since he is still a private citizen and he really is not. the president again. This means that there is no guarantee that the judges will listen to his request and they did not indicate on Friday whether they would and it is still possible that the law comes into force on January 19, before the entry into force. Trump's office.
Can Trump just not enforce the TikTok ban?
Another step Trump could technically take if the TikTok ban goes into effect would be to say his Justice Department simply won't enforce the ban, calling on companies like Apple and Google to leave the app on their application stores without facing heavy financial penalties imposed by law. Justice Brett Kavanaugh asked Solicitor General Elizabeth Prelogar on Friday about the possibility, and Prelogar acknowledged that Trump could order that it not be enforced, and while it remains unclear how things might play out in the Practically, there could be safeguards to legally protect the companies that own TikTok. because of his promises to face sanctions. Legal experts have previously suggested that companies are unlikely to take the risk and could expose themselves to legal liability by keeping TikTok going even if Trump announces his fine, given the possibility that Trump could change his mind and decide to start enforce the ban.
Will Bytedance separate from TikTok?
So far, TikTok and ByteDance have shown no interest in parting ways, with TikTok arguing in a court filing that doing so is not technologically, commercially or legally possible. It remains to be seen, however, whether the company will change its mind if the Supreme Court upholds the law and it actually takes effect, and Prelogar suggested on Friday that the Supreme Court upholding the ban could be the boost ByteDance receives and TikTok actually need to get started. the transfer process. Trump could also potentially make an impact by forcing ByteDances' hand, as James Lewis, director of the strategic technologies program at the Center for Strategic and International Studies, told NPR that China could be persuaded to approve the sale of TikTok by ByteDance in exchange for Trump's withdrawal. its threat of high tariffs on Chinese imports.
What happens if the Tiktok ban comes into effect?
The full impact of the TikTok ban coming into effect is not yet clear. The law does not ban Americans from using TikTok and would not erase it from users' phones, but rather prohibits U.S. app stores and internet service providers from hosting it. This would mean that users would not be able to download or update TikTok from Apple or Google's app stores, making it obsolete and eventually no longer working. Oracle would also not be allowed to host the data of US TikTok users, as is currently the case. It remains to be seen what the effects will be in practice: TikTok said in a court filing that banning Internet service providers from hosting the app meant the company could no longer provide[e]
services that allow the TikTok platform to operate, effectively shutting down TikTok in the United States, and TikTok lawyer Noel Francisco reiterated this on Friday, saying he understands that if the ban goes into effect, we let's get dark. Rozenshtein noted to CBS News that TikTok could, however, move its U.S. data servers out of the country, which would allow the app to continue operating. It's also still unclear how the ban will affect other parts of TikTok's U.S. operations, like the TikTok store or paid creators who make money on the platform. Will the ban impact a possible Tiktok alternative, Lemon8?
Yes, the ban is expected to have a similar impact on ByteDance-owned apps CapCut and Lemon8.
Surprising fact
If the ban goes into effect and prevents TikTok's U.S. user data from being hosted by a U.S. company, it's possible that data TikTok already has on its U.S. users could be transferred to China, which an investigation by Forbes, is what happened when India also banned. the application. This would actually make it more likely that the Chinese government could access the data, contrary to the national security goals of federal laws.
Key context
President Joe Biden signed the bill requiring TikTok to leave ByteDance or face a ban in April, reflecting lawmakers' bipartisan concern that the app poses a threat to national security. TikTok has long denied any wrongdoing or ties to the Chinese government, but Forbes has reported numerous concerns about the app, including TikTok spying on journalists, promoting Chinese propaganda critical of U.S. politicians, poor user data management and tracking of sensitive words. The specific evidence the government has to justify banning TikTok, however, has not been made public and has been entirely redacted in court filings. TikTok and the app's creators sued to block the law days after it was signed into law, arguing that the ban illegally infringed on their First Amendment rights. A panel of federal judges sided with the government that the ban was justified because of the threat to national security and did not violate TikTok's First Amendment rights, given that users can still post on the app if it simply separates from ByteDance. The court ruled that the law as enacted is actually a less restrictive way to address the government's concerns about TikTok, given that it still allows the company to operate in the United States if ByteDance in disinvestment. TikTok appealed the case to the Supreme Court after the lower court refused to stay the law's entry into force, and the Supreme Court quickly took up the issue, scheduling the arguments for January 10 but refusing to suspend the law in the meantime.
Further reading Forbes Supreme Court to rule on TikTok ban fate as justices take up case By Alison Durkee Forbes SCOTUS' TikTok plans exclude Trump's new Justice Department from discussion By Emily Baker-White Forbes If Trump wants to save TikTok, he Might Need It To Get Banned First By Emily Baker-White Forbes TikTok Ban Upheld In Court By Alison Durkee Forbes What You Need To Know About TikTok Lemon8 Alternative And If It Could Be forbidden, TooBy Conor Murray
Sources 2/ https://www.forbes.com/sites/alisondurkee/2025/01/10/can-trump-stop-tiktok-ban-heres-what-he-can-and-cant-do-if-supreme-court-upholds-law/ The mention sources can contact us to remove/changing this article |
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