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President-elect Donald Trump pledged to “save TikTok” during his campaign, but experts say keeping that promise could be complicated. On Friday, a federal appeals court decision further threatened the social media app’s future in the United States. The panel upheld a law that could lead to a nationwide ban if TikTok’s parent company ByteDance, which is based in China, refuses to sell its stake by Jan. 19. That deadline is just one day before Trump takes office.The law at the center of the case, now potentially headed to the Supreme Court, passed earlier this year with broad bipartisan support in Congress. Anupam Chander, a professor of law and technology at Georgetown University, said Trump can’t undo the law with an executive order, but he can pressure lawmakers to repeal it. "He can't reverse the law with a stroke of the pen, but he can undermine the law in a variety of ways,” Chander said. If a ban takes effect, the law would prohibit app stores from offering TikTok and internet hosting services from supporting it. Chander said that under Trump’s leadership, the Justice Department could limit enforcement or impact the legal battle. "All he can do is implore either the judges to side with him or to implore the various companies to not actually obey the law,” Chander said.TikTok argues the law violates First Amendment rights, while supporters believe the app's ties to China pose a threat to national security."Every technology company in China under Chinese law has to do whatever the Chinese government tells them to do,” Sen. Marco Rubio, R-Florida, told reporters earlier this year. Rubio, who Trump recently nominated for Secretary of State, is one of several cabinet picks who were previously at the forefront of efforts to crack down on TikTok. Florida Republican Congressman Mike Waltz, who has been tapped for National Security Adviser, supported the legislation. South Dakota Gov. Kristi Noem, up for Homeland Security Secretary, banned TikTok from state-owned devices. “So you've got a team that now might try to change their boss' mind, or might have to then just do what the boss says,” Chander said. Trump previously supported a ban on TikTok during his first term but, more recently, he campaigned on rescuing the app. "For all of those who want to save TikTok in America, vote for Trump. The other side is closing it up, but I’m now a big star on TikTok,” Trump said in a social media video in September.Karoline Leavitt, a spokeswoman for the transition team, didn’t provide specific details about how Trump plans to intervene, but she said “he will deliver.” “The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail,” Leavitt furthered in a statement.It’s possible that Trump could try to negotiate a new deal with TikTok.The law allows for a three-month extension if a sale is in progress, but that could prove challenging. The companies have claimed divestiture is not possible.The Supreme Court could also put implementation on hold if the justices decide to take up the case.
WASHINGTON —
President-elect Donald Trump pledged to “save TikTok” during his campaign, but experts say keeping that promise could be complicated.
On Friday, a federal appeals court decision further threatened the social media app’s future in the United States. The panel upheld a law that could lead to a nationwide ban if TikTok’s parent company ByteDance, which is based in China, refuses to sell its stake by Jan. 19. That deadline is just one day before Trump takes office.
The law at the center of the case, now potentially headed to the Supreme Court, passed earlier this year with broad bipartisan support in Congress.
Anupam Chander, a professor of law and technology at Georgetown University, said Trump can’t undo the law with an executive order, but he can pressure lawmakers to repeal it.
"He can't reverse the law with a stroke of the pen, but he can undermine the law in a variety of ways,” Chander said.
If a ban takes effect, the law would prohibit app stores from offering TikTok and internet hosting services from supporting it.
Chander said that under Trump’s leadership, the Justice Department could limit enforcement or impact the legal battle.
"All he can do is implore either the judges to side with him or to implore the various companies to not actually obey the law,” Chander said.
TikTok argues the law violates First Amendment rights, while supporters believe the app's ties to China pose a threat to national security.
"Every technology company in China under Chinese law has to do whatever the Chinese government tells them to do,” Sen. Marco Rubio, R-Florida, told reporters earlier this year.
Rubio, who Trump recently nominated for Secretary of State, is one of several cabinet picks who were previously at the forefront of efforts to crack down on TikTok. Florida Republican Congressman Mike Waltz, who has been tapped for National Security Adviser, supported the legislation. South Dakota Gov. Kristi Noem, up for Homeland Security Secretary, banned TikTok from state-owned devices.
“So you've got a team that now might try to change their boss' mind, or might have to then just do what the boss says,” Chander said.
Trump previously supported a ban on TikTok during his first term but, more recently, he campaigned on rescuing the app.
"For all of those who want to save TikTok in America, vote for Trump. The other side is closing it up, but I’m now a big star on TikTok,” Trump said in a social media video in September.
Karoline Leavitt, a spokeswoman for the transition team, didn’t provide specific details about how Trump plans to intervene, but she said “he will deliver.”
“The American people re-elected President Trump by a resounding margin giving him a mandate to implement the promises he made on the campaign trail,” Leavitt furthered in a statement.
It’s possible that Trump could try to negotiate a new deal with TikTok.
The law allows for a three-month extension if a sale is in progress, but that could prove challenging. The companies have claimed divestiture is not possible.
The Supreme Court could also put implementation on hold if the justices decide to take up the case.
English (US)