The US government’s TikTok ban is one step closer to reality
Image: TechCrunch
TikTok’s US-based users could soon have a few-hour hole to fill in their daily routine. On Friday, a US appeals court upheld a federal law requiring Chinese parent company ByteDance to sell off TikTok’s US operations by January 19 or face a nationwide ban.
Some quick background: Congress overwhelmingly approved a TikTok sale-or-ban law in April, citing the DOJ’s assessment that the app poses a threat to national security (352-65 House; 79-18 Senate).
- TikTok then sued to halt the potential ban, accusing the federal government of violating the free speech rights of TikTok’s 170 million US users and claiming divestiture of the app’s US operations isn’t possible.
- The company lost its case and the following appeals, including last Friday.
The potential impact: The law imposes major fines on app stores if they continue to host TikTok for US users past the deadline (assuming a sale doesn’t occur). This means Americans who already downloaded TikTok could continue to use it – but they wouldn’t have access to future updates, eventually making the app buggy and potentially unusable.
Can Trump reverse the ban?
While President-elect Trump previously tried to ban TikTok from the US during his first term, he more recently indicated he would save the app while campaigning for the 2024 election. However, legal experts say it’s currently unclear whether Trump actually can stop the ban, which is set to take effect one day before his inauguration.
- The most straightforward way for Trump to reverse the TikTok ban would be repealing the law, which requires majority support from both houses of Congress.
- Another possible method involves instructing the Justice Department to opt against enforcing the TikTok ban, or telling it to drop its opposition to TikTok’s ongoing lawsuit.
- Trump could also help TikTok find a buyer for the app’s American operations, with the law allowing for a 90-day extension on the sale deadline – to April 2025 – if TikTok is advancing towards an agreement. But major roadblocks to a sale remain, including potential antitrust issues for prospective buyers as well as China’s commitment to blocking any such sale.
Looking ahead… TikTok says it plans to appeal Friday’s decision to the Supreme Court, which could potentially delay the ban’s implementation if Justices believe the legal challenge has merit.
đź“Š Flash poll: In your opinion, will TikTok ultimately end up being banned in the US?
See a 360° view of what pundits are saying →
Sprinkles from the Left
- Some commentators argue that there are valid reasons to ban TikTok, like protecting young users and the ability for China’s government to access the sensitive data of Americans.
- Others contend that the TikTok ban should be overturned because the law would hurt the ability of organizations to reach America’s marginalized communities, whose perspectives are often omitted from traditional media.
- “Trump was ready to ban TikTok. Now he’s promised to save it.” –The Philadelphia Inquirer Editorial Board
- “It’s time for an end to the TikTok ban” –Faiyaz Hussain & Shivani Parikh, NY Daily News
- “Time for Tough Treatment of Tech's TikTok” –Anders Fogh Rasmussen, Newsweek
Sprinkles from the Right
- Some commentators argue that Congress’ TikTok ban is an example of the chamber working as intended and helping protect American interests from potential dangers posed by foreign adversaries – especially China.
- Others contend that the federal TikTok ban is an illegal attack on the free speech rights of millions of American users and content creators who use the app to help educate people about prominent public policies and political ideologies.
- “The TikTok Ban Is Congress at Its Best” –Philip Wallach, City Journal
- “Federal TikTok ban violates First Amendment free speech rights” –Hannah Cox, Washington Examiner
- “TikTok’s Bad Free-Speech Case” –WSJ Editorial Board
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