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Following a challenging year marked by legal disputes, TikTok's future in the U.S. hangs in the balance, with a potential lifeline from President-elect Donald Trump. Although Trump previously aimed to prohibit the app due to national security concerns, he has recently promised to prevent such a ban, urging supporters on his Truth Social platform to vote for him as a safeguard for TikTok.
The legal battle centers on a federal law passed in April, mandating ByteDance, TikTok's Chinese parent company, to divest its stakes or exit the U.S. market by January 19. Lawmakers argue ByteDance's links to China pose a risk to American users, as it could give the Chinese government access to sensitive data.
According to Kellyanne Conway, former senior adviser, Trump values TikTok's "breadth and reach," considering its ability to connect with 180 million monthly U.S. users. "There are many ways to hold China to account outside of alienating these users," she noted. Trump may consider other measures, such as imposing a 60% tariff on Chinese exports, aligning with his "America First" stance to protect U.S. industries.
ByteDance remains unwilling to sell the app despite interest from investors. Attorney Andrew Pincus, representing ByteDance, recently challenged the ban on grounds of free speech, emphasizing that forced divestment could undermine First Amendment rights.A ruling on this issue is anticipated by December 6, with both parties likely to escalate the case to the Supreme Court if needed.
Trump's administration may consider various approaches to "save" TikTok, potentially including an executive order, though legal experts like Harvard Law lecturer Leah Plunkett caution that such an order may be legally untenable. Plunkett advises that TikTok should prepare a compliant divestiture plan due to the "uncertainty about what a Trump administration might do."
Republican Congressman John Moolenaar, chairman of the House Select Committee on China, remarked that Trump's "concerns about TikTok align with the law's requirements." Analysts suggest Trump could also attempt to broker a new deal with ByteDance to secure more oversight without full divestment.
