On a Sunday morning, starting with a post on Truth Social exclaiming “SAVE TIKTOK!” President-elect Donald Trump revealed his intent to issue an executive order to delay a nationwide TikTok ban. This move, perceived by some political analysts as a victory for the Republican, was seemingly facilitated by Democratic actions in Washington, D.C.
Trump originally initiated action to force TikTok’s Chinese parent company, ByteDance, to divest with an executive order in August 2020, citing concerns over national security. Three months after this, he was defeated in the presidential election by Democrat Joe Biden, who later reversed the order. Nevertheless, Biden went on to sign new legislation that currently hampers the app’s availability in the U.S.
“Congratulations, Democrats,” remarked Nina Turner, a former Democratic congressional candidate from Ohio, as the platform notified U.S. users late Saturday that it was no longer accessible. “This could have been avoided if you had listened to progressives last year when this bill was being pushed through Congress.”
U.S. Representatives Mike Gallagher (R-Wis.) and Raja Krishnamoorthi (D-Ill.) spearheaded a bipartisan group last March that introduced the Protecting Americans from Foreign Adversary Controlled Applications Act in the House of Representatives, where it was swiftly passed with a 352-65 vote.
A version of the bill, which mandates ByteDance to sell TikTok to a non-Chinese entity or face a U.S. ban, eventually passed both chambers as part of a $95 billion military aid package for Ukraine, Taiwan, and Israel, amid ongoing conflict in Gaza. Biden signed this into law in April.
The ensuing legal challenges culminated at the U.S. Supreme Court, which on Friday ruled unanimously in favor of upholding the law, granting “the executive branch unprecedented authority to suppress speech it dislikes, heightening the risk that broad claims of ‘national security’ will override our constitutional rights,” according to Patrick Toomey, deputy director of ACLU’s National Security Project.
The Supreme Court’s decision meant that TikTok would cease operations on Sunday unless Biden acted, who chose not to extend ByteDance a 90-day reprieve to sell or accept the ban, despite pressure from First Amendment supporters like the ACLU, TikTok’s 170 million American users—including content creators and small businesses—and certain lawmakers.
In a Friday announcement, White House Press Secretary Karine Jean-Pierre noted Trump’s upcoming Monday inauguration, stating that “given the timing, this administration acknowledges that the implementation of the law must inevitably be handled by the next administration.”
Late Saturday, U.S. TikTok users were greeted with a notification that the platform was unavailable, stating: “A law banning TikTok has been implemented in the U.S. Unfortunately, this means you cannot use TikTok at this time. We are fortunate that President Trump has indicated he will collaborate with us on a solution to reinstate TikTok once he assumes office. Please stay tuned!”
Responding to a former Obama administration staffer and podcaster Tommy Vietor, who criticized TikTok’s message as propaganda from the Chinese Communist Party, leftist commentator Hasan Piker underscored Trump’s chance to restore access to the platform, remarking that “the Democrats have given him the easiest win of all time if he’s smart enough to take it.”
Others also expressed criticism towards the Democratic Party, which is embroiled in debates on how to recover from significant electoral defeats in November. Independent journalist Ken Klippenstein drew parallels to when “Trump put his name on the stimulus checks but Biden didn’t. A monumental own goal by the Democrats here.”
Jacobin podcast host Daniel Denvir expressed on X—the platform owned by Trump ally Elon Musk, the world’s wealthiest individual—that “the Democratic Party setting up Trump to appear as the hero for young voters after he initially started this is… a classic self-defeating move that only the Democratic Party could manage.”
Lynese Wallace, former chief of staff for ex-Rep. Cori Bush (D-Mo.), a progressive who opposed the law, argued that “the TikTok ban was always a flawed policy and politics. Let’s not forget it was included in a $95 billion foreign aid package passed by the last Congress—and has since allowed Trump to now ‘save’ it, despite his earlier support for a ban during his first term. So foolish.”
Seizing the moment, Trump announced on Sunday via his Truth social media platform that “I’m asking companies not to let TikTok go dark! I will sign an executive order on Monday to extend the timeframe before the law’s restrictions take effect, so that we can negotiate a deal to protect our national security. The order will also ensure that there is no liability for any company that helped keep TikTok operational before my order.”
Although Trump is not yet in office to enact this, he continued:
Americans deserve to witness our exciting Inauguration on Monday, as well as other events and discussions.
I would like for the United States to hold a 50% ownership stake in a joint venture.
By doing this, we preserve TikTok, maintain it under responsible management, and allow it to [remain] active. Without U.S. approval, TikTok wouldn’t exist. With our approval, it’s valued in the hundreds of billions—perhaps trillions.
Thus, my initial idea is a joint venture between the current and/or new owners, where the U.S. secures a 50% ownership stake in a joint venture established between the U.S. and whichever purchaser we choose.
Responding with a statement on X, TikTok said that “in agreement with our service providers, TikTok is in the process of restoring service. We thank President Trump for providing the necessary clarity and assurance to our service providers that they will face no penalties [for] providing TikTok to over 170 million Americans and enabling over 7 million small businesses to flourish. It’s a strong stance for the First Amendment and against arbitrary censorship. We will collaborate with President Trump on a lasting solution that keeps TikTok in the United States.”
Even before Trump’s declaration, Musk—who is expected to co-lead a presidential advisory commission—commented on X that “I have long opposed a TikTok ban because it contradicts freedom of speech. However, the current situation where TikTok can operate in America, but X cannot operate in China is unfair. Something needs to change.”
ByteDance’s Chinese version of TikTok, known as Douyin, debuted in China in September 2016. The New York Times reported last April that “TikTok has more users on its platform, but Douyin is ByteDance’s main revenue generator. Approximately 80% of ByteDance’s $54 billion revenue in the first half of [2023] came from China.”
Critics of the bipartisan efforts to ban TikTok in the U.S. have lambasted lawmakers for their priorities throughout this process.
“America: Where it’s OK to ban TikTok, books, and abortions, but not OK to ban assault weapons, bombs for genocides, or student debt,” stated Warren Gunnels, Democratic staff director for the Senate Health, Education, Labor, and Pensions Committee under Sen. Bernie Sanders (I-Vt.), who opposed the TikTok legislation.
Just hours before a cease-fire took effect in Gaza, Turner, who co-chaired Sanders’ 2020 presidential campaign, also emphasized, “they banned TikTok before they stopped sending weapons to Israel during a genocide.”
“If Congress really cared about our data privacy,” she added, “they would have passed comprehensive data privacy legislation, not just targeted TikTok.”
In a Sunday email to supporters, Rep. Alexandria Ocasio-Cortez (D-N.Y.)—who also voted against the law—echoed this sentiment, asserting that “the solution isn’t to endlessly target apps.”
“We need actual privacy laws in the United States,” she stated. “We should empower people to have more control over their personal data so they aren’t constantly monitored, whether by domestic or foreign entities.”
“To which, of course, Big Tech and their lobbyists will oppose,” she cautioned. “So they just target an app instead of addressing the problem.”
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