President-elect Donald Trump is considering ways to prevent TikTok’s potential ban, which could include issuing an executive order, according to The Washington Post, as the Supreme Court appears ready to uphold the law forcing the app’s sale or ban by Jan. 19.
TikTok may be banned in the U.S. on Jan. 19. (Photo Illustration by Jaap Arriens/NurPhoto via Getty ... [+]
Trump, who will take office Jan. 20, is considering an executive order that would suspend the enforcement of the law against TikTok for two to three months, the Post reported, citing two people familiar with the deliberations and noting legal experts have argued Trump may not be able to overcome the law’s bipartisan support.
One of the people told the Post that Trump is eager to be seen as “making a deal” that would save TikTok.
Trump, who has already asked the Supreme Court to delay the law’s effectiveness date, has publicly supported keeping TikTok in the U.S. while his lawyers have characterized the app as a “unique medium for freedom of expression, including core political speech.”
Representatives for TikTok and Trump did not immediately respond to Forbes’ request for comment.
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Alan Rozenshtein, a former national security adviser, told the Post an executive order from Trump would not stop the ban outright, but would “make the president’s intention not to enforce the law that much more official.”
It’s not completely certain whether the president-elect can stop TikTok’s potential ban. Trump has asked the Supreme Court to block the law from taking effect until after he takes office, seeking to have some time to resolve the ban before it becomes effective. The high court has yet to indicate it will take up Trump’s request and appears ready to side with the federal government against TikTok. The law would technically allow Trump to pause the ban for 90 days if TikTok shows it is in the process of divesting from its Chinese parent company ByteDance, though the company has not shown any interest in doing so despite several potential buyers expressing interest. Trump could also declare TikTok as being compliant with the law even if it has not divested from ByteDance. However, such a move would leave room for legal challenges if TikTok is not in the process of being sold.
The law forcing TikTok’s ban or sale to an American entity was supported by both Republicans and Democrats over concerns around the app’s supposed national security threats and data privacy procedures. President Joe Biden signed the bill behind the law in April despite TikTok and ByteDance denying wrongdoing and links to the Chinese Communist Party. TikTok sought to have the Supreme Court delay the law, arguing it violated its First Amendment rights. The Supreme Court has not issued a ruling on the law as of Wednesday, just four days before it is scheduled to take effect. Meanwhile, potential buyers for the app have materialized even though ByteDance has said it would rather have it shut down than sold off. TikTok has about 170 million American users, some of which have looked to alternative apps made by Chinese developers.
Supreme Court Didn’t Rule On TikTok Ban Today—What To Know As Justices Signal They May Uphold Law (Forbes)