The United States may have passed a law to ban TikTok unless Chinese owner ByteDance sells it, but incoming president Donald Trump has promised to “save” the app. NTU’s Mark Cenite considers the possible scenarios.
Composite photo of US president-elect Donald Trump and the TikTok app seen on a smartphone with other social media apps. is Jan 19, 2025 – one day before Donald Trump ’s inauguration. Having vowed to “save TikTok” on the campaign trail, the big question now is how the next United States president might do it and if he can.facing off with Republic senator Tom Cotton earlier this year.
Assuming the sale of the TikTok algorithm is off the table, an alternative deal could entail selling other assets, including user data, but not the core technology. If the legal challenge lands at the US Supreme Court, there’s no need to invoke accusations that the conservative majority may overturn the ban based on political considerations. Plenty of free speech jurisprudence supports a sceptical view of the ban.If TikTok’s legal challenges fail, a ban is still far from inevitable.
Trump enters office constitutionally limited to one final four-year term. In contrast, lawmakers seeking re-election in the years ahead may suffer for flip-flopping at Trump’s whim.President Trump could instruct the Justice Department to hold off on enforcement of the ban. Although a presidential administration has broad discretion to set federal law enforcement priorities, ignoring recently passed legislation – with robust bipartisan support – would be a controversial move.
Observers noted that his opposition to a ban came after a meeting with a Republican Party mega-donor who has a substantial investment in ByteDance. After his election, Trump spokespersons have said he would keep his promise to prevent a ban.Are Americans right not to worry about TikTok? Those with concerns appear to focus less on what TikTok has done than what it could do. Indeed, we all intuitively understand that digital data is easily transferred or manipulated.
Commentary: Banning TikTok won’t solve social media’s foreign influence, teen harm and data privacy problemsDuring the court hearings this year, appellate judges asked what could happen if US-China tensions escalated into military action. Escalation – intentional or not – doesn’t seem out of the question, given Trump’s hawkish Cabinet appointments.
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