TikTok enthusiasts were left stunned when the U.S. Supreme Court unanimously struck down the app’s appeal, effectively paving the way for a potential ban. However, there are still a few ways President Joe Biden or President-elect Donald Trump might step in to keep TikTok accessible to millions of American users.
Let’s break down what happened and explore the possible paths to saving the beloved social media platform.
Last week, the Supreme Court delivered a decisive verdict on TikTok’s attempt to challenge a law aimed at banning the app in the United States. During oral arguments, the justices expressed skepticism about TikTok’s claims under the First Amendment.
In their ruling, they acknowledged that data collection is a standard practice in the digital age but emphasized TikTok’s unique scale and the potential for foreign adversary control as significant national security concerns.
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Key Points from the Ruling:
- Data Collection Concerns: TikTok collects vast amounts of sensitive data from around 170 million U.S. users.
- Foreign Adversary Risk: The court highlighted the possibility that a foreign adversary could exploit TikTok’s control to access this data.
- National Security Justification: These factors justify treating TikTok differently from other social media platforms to address national security issues.
As a result, without any political intervention, TikTok could be forced to shut down in the U.S. by Sunday unless ByteDance, TikTok’s parent company based in China, sells the app to an American buyer.
President-Elect Donald Trump’s Potential Moves
Donald Trump, who was at the forefront of the initial TikTok ban in 2020, has hinted that he might take decisive action regarding the app if he secures the presidency again.
Here’s how he could potentially intervene:
1. Executive Order to Protect TikTok
Trump could issue a new executive order under the International Emergency Economic Powers Act (IEEPA), arguing that keeping TikTok operational is vital for national security. This order might:
- Extend the Deadline: Give ByteDance more time to find an American buyer by delaying the ban.
- Support Tech Companies: Instruct companies like Apple and Google to continue hosting TikTok on their platforms without penalties.
2. Creative Legal Maneuvers
Trump could explore unconventional legal strategies to keep TikTok available:
- Use Prosecutorial Discretion: Similar to former President Obama’s approach with deportation policies, Trump could direct the Justice Department to deprioritize enforcing the ban temporarily.
- Encourage New Legislation: Push Congress to pass a new law that extends the deadline for ByteDance to sell TikTok, giving more time for a suitable buyer to emerge.
In a recent interview, Trump stated, “It ultimately goes up to me, so you’re going to see what I’m going to do,” indicating that his actions will depend on the situation as it unfolds.
President Joe Biden’s Path to Rescuing TikTok
With just three days left in his presidency, President Joe Biden has a unique window to potentially save TikTok from being banned. Here’s how Biden could step in:
1. Granting an Extension
The current law gives the president the authority to grant a one-time extension of up to 90 days for ByteDance to sell TikTok. To do this, Biden would need to:
- Certify Progress: Demonstrate that there is a viable path and evidence of progress toward a sale, including binding legal agreements.
- Facilitate Deals: Work with legal and industry experts to help ByteDance negotiate a sale to an American company.
2. Encouraging Congressional Action
If an immediate sale isn’t feasible, Biden could:
- Advocate for New Legislation: Push Congress to create a bill that grants ByteDance additional time—potentially up to 270 days—to find an American buyer before the ban is enforced.
- Support Smooth Transition: Ensure that any new laws are designed to balance national security with the economic interests of American businesses involved with TikTok.
Given the tight timeline, Biden’s best chance lies in swiftly utilizing his executive powers or collaborating with Congress to find a sustainable solution for TikTok’s future in the U.S.
While the Supreme Court’s ruling initially seemed like a definitive step toward banning TikTok in the U.S., there are still avenues for Presidents Biden or Trump to intervene and potentially save the app. Whether through executive orders, legislative support, or creative legal strategies, the future of TikTok in America remains uncertain but not yet sealed.
As both leaders prepare to take action, TikTok users and fans will be watching closely to see if their favorite social media platform can continue to thrive in the United States.
Stay tuned for more updates on this developing story as both political and legal maneuvers unfold to determine TikTok’s fate in the U.S.
