The Supreme Court is poised to uphold a law that could effectively ban TikTok in the United States, leaving the app’s fate in the hands of the incoming Trump administration.
If Biden chose to let Trump decide…then there must be an ulterior motive.
At a Glance
- Biden administration will not enforce TikTok ban set to take effect Sunday
- Supreme Court likely to uphold law requiring ByteDance to divest from TikTok
- Trump’s team plans to preserve TikTok while protecting user data
- National security concerns clash with free speech arguments in Supreme Court case
- TikTok’s 170 million American users face uncertainty about app’s future
Biden Passes the Baton on TikTok Decision
As President Joe Biden’s term nears its end, his administration has made the surprising decision to defer enforcement of a TikTok ban to the incoming Trump administration. The law, signed by Biden, requires ByteDance, TikTok’s Chinese parent company, to sell the app by January 19 or face a potential shutdown in the U.S.
An unnamed U.S. official revealed that Biden will not enforce the statute, which becomes binding just before he leaves office. This decision shifts the responsibility to the Trump administration to determine the future of the popular social media platform in America.
Supreme Court Deliberations
Meanwhile, the Supreme Court is hearing arguments on the law requiring TikTok’s sale, which could significantly influence Trump’s actions. Justices have expressed concerns about free speech but seem inclined to defer to national security justifications provided by the government.
“TikTok itself is a fantastic platform, I wish I could have it on my phone. The algorithm is amazing. We’re going to find a way to preserve it but protect people’s data. And that’s the deal that will be in front of us,” Florida Rep. Mike Waltz said.
Justice Brett Kavanaugh noted that the government’s arguments about data collection concerns were “very strong.” Chief Justice John Roberts highlighted Congress’s findings on ByteDance’s obligations under Chinese law, emphasizing the national security implications.
Trump’s Mixed Record on TikTok
Donald Trump has a complex history with TikTok. In 2020, he issued an executive order banning transactions with ByteDance, citing concerns over data collection potentially allowing Chinese access to Americans’ information. The order set deadlines for TikTok to be sold to a U.S. company and for ByteDance to delete American user data.
“TikTok automatically captures vast swaths of information from its users, including internet and other network activity information such as location data and browsing and search histories. This data collection threatens to allow the Chinese Communist Party access to Americans’ personal and proprietary information — potentially allowing China to track the locations of Federal employees and contractors, build dossiers of personal information for blackmail, and conduct corporate espionage,” the executive order at the time stated.
However, Trump’s current stance appears to have evolved. Mike Waltz, nominated by Trump as National Security Advisor, indicated plans to ensure TikTok access while protecting user data. “If the Supreme Court comes out with a ruling, you know, in favor of the law, President Trump has been very clear. Number one, TikTok is a great platform that many Americans use, and was great for his campaign in getting his message out. But, number two, he is going to protect their data,” Waltz explained.
As the Supreme Court deliberates and the transition of power approaches, the fate of TikTok in the United States hangs in the balance. The incoming Trump administration will face the challenge of balancing user interests, free speech concerns, and national security imperatives in deciding the future of one of America’s most popular social media platforms.
But it looks like Trump has already indicated he’ll save it…somehow.