NEWSLETTER
President Trump signed an executive order on Monday to delay enforcement of a federal ban on TikTok for 75 days, even though the law went into effect on Sunday and it is unclear whether such a move could overturn it.
The order, one of Trump's first acts after taking office, directs the attorney general to take no enforcement action so his administration will have “the opportunity to determine the appropriate course forward.” The order is retroactive to Sunday.
In signing the order, Trump told reporters that “the United States should have the right to get half of TikTok” if a deal is reached for the app, without going into details. He said he thought TikTok could be worth a trillion dollars.
The order could immediately face legal challenges, including over whether a president has the power to stop the application of a federal law. Companies subject to the law, which prohibits providing services to Chinese-owned TikTok, may determine that the order does not protect them from legal liability.
The federal law banning ByteDance-owned TikTok required that the app had to be sold to a non-Chinese owner or be blocked. The only solution the law offers is a 90-day extension if a potential buyer is found. Even then, it's unclear whether that option is viable, given that the law is already in place. The law also restricts how much of TikTok's stake can remain under foreign ownership.
By attempting to overturn federal law, Trump raised serious questions about the limits of presidential power and the rule of law in the United States. Some lawmakers and legal experts have raised concerns about the legality of an executive order, particularly in the wake of a Supreme Court ruling that upheld the law on Friday and national security concerns that led lawmakers to draft it in the first place.
Former President Joseph R. Biden Jr. had signed the law, which passed overwhelmingly in Congress last year, forcing ByteDance to sell TikTok or face a ban. TikTok had faced security concerns that the Chinese government could use it to spread propaganda or collect data from American users. The law imposes financial penalties on app stores and cloud computing providers unless they stop working with the app.
TikTok briefly went dark for US users over the weekend, but returned on Sunday following Trump's announcement on social media that he was planning an executive order. While the app was back up and running for people who already downloaded it, it disappeared from the Google and Apple app stores on Saturday and was unavailable on Monday.
Trump's efforts to keep TikTok online have major implications for its users. The app has reshaped the social media landscape, defined popular culture, and created a livelihood for millions of influencers and small businesses that rely on the platform.
In the executive order, Trump said his constitutional responsibilities include national security. He says he wants to consult with advisors to review the concerns TikTok raises and the mitigation measures the company has already taken.
The administration “will pursue a resolution that protects national security while saving a platform used by 170 million Americans,” according to the order, which called the timing of the law “unfortunate.”
The attorney general will send letters to companies covered by the law telling them “that there has been no violation of the statute” and that they will not be responsible for providing services to TikTok during the 75 days, according to the order.
That may not be enough peace of mind, some legal experts said.
“I don't think it's consistent with faithful execution of the law to order the attorney general not to enforce the law for a certain period of time,” said Zachary Price, a professor at the University of California, San Francisco School of Law. “And even if that's fine, the president does not have the authority to eliminate the law itself and remove liability from people who violate it while it is not enforced.”
TikTok and Apple did not immediately respond to requests for comment. Google declined to comment.
TikTok's ties to China have long raised national security concerns, including with Trump. Near the end of his first term in 2020, Trump issued an executive order that would prohibit app stores from making TikTok available for download. He then pushed for an American company to buy the app, but those efforts failed when he lost re-election.
Last year, Congress revived the effort and Biden signed it into law in April. The law targeted app stores, such as those run by Apple and Google, and cloud computing companies. He said those companies could not distribute or host TikTok unless the app was sold to a non-Chinese owner before January 19.
Then Trump changed his position. He joined the app in June and said on television in March that there are young people who would go “crazy” without TikTok.
“I guess I have a warm spot for TikTok that I didn't originally have,” Trump said while signing executive orders Monday night.
TikTok challenged the law in federal court, saying it impeded its users' rights to free speech, as well as the company's own First Amendment rights. The D.C. Circuit Court of Appeals upheld the law in December. TikTok appealed to the Supreme Court, which on Friday also upheld the law.
TikTok and some Democrats made a last-ditch effort to prevent the law from taking effect. But on Saturday, TikTok stopped operating in the United States and disappeared from the Apple and Google app stores a few hours before midnight. Users lamented its disappearance.
On Sunday morning, Trump announced on Truth Social that he would “issue an executive order on Monday to extend the period of time before the law's prohibitions take effect, so we can reach an agreement to protect our national security.” ”. It said it would not punish companies that had broken the law by keeping the app online.
Hours later, TikTok restored its service to American users and welcomed them with a message: “As a result of President Trump's efforts, TikTok is back in the US!”
While signing executive orders in the Oval Office, Trump was asked why he had changed his mind about the app.
“Because I have to use it,” he said.
Tripp Mickle and Nico Grant contributed reporting.
Sapna Maheshwari contributed reports
