How can the US Supreme Court and President Trump prevent the TikTok ban?

A US law banning popular video-sharing app TikTok is expected to take effect in early 2025, but the US Supreme Court has ruled agreed To hear TikTok’s legal challenge to this. Meanwhile, President-elect Donald Trump has signaled he may take action against the law, raising new questions about whether it will survive.

What does a TikTok ban actually do?

From January 19, 2025, “Act to protect Americans from regulatory applications by foreign adversaries' will prevent US companies such as Google and Apple from allowing users to access or update TikTok through their own app stores unless TikTok's Chinese owner ByteDance sells the app to US companies. It turns out. It would also require internet service providers to block the platform on US internet browsers. The bill was approved by the House and Senate with bipartisan support and signed into law by President Joe Biden in April 2024.

If the ban were implemented, it would be virtually impossible for new users in the US to download the TikTok app. Kate Ruan At the Center for Democracy & Technology, a nonprofit organization based in Washington, DC. For the 170 million existing TikTok users in the United States, the app may remain on their phones. However, not having access to updates will reduce functionality over time.

People in the United States may still access TikTok using virtual private network (VPN) services that disguise the user's location. But the experience of using the app could still deteriorate, Ruan said. TikTok content will no longer be stored on nearby U.S. servers, so it will load more slowly.

These restrictions stem from privacy and security concerns. US lawmakers fear that the Chinese government could force ByteDance to hand over TikTok users' data, pressure the app to change its algorithm, and present content that could manipulate public opinion. , said TikTok is a “national security threat.” However, no solid evidence has been provided to support these claims. TikTok said We are investing heavily to keep U.S. data safe. From outside influences and manipulation.

“It is deeply concerning that a country like the United States, which has always led the world stage in championing a free, open, and interoperable internet, is taking steps to ban access to entire platforms within its borders. 'This is unusual and should be done,' says Luan.

Will the Supreme Court block TikTok's ban?

Previously, he was a judge on the D.C. Lower Circuit Court of Appeals. allowed With U.S. law in effect, the Supreme Court agreed to hear TikTok's appeal. TikTok position That is, the ban amounts to censorship that violates Americans' right to free speech under the First Amendment.

“We hope courts will seriously address how this law violates these rights and how governments should account for the rights of social media users when seeking to regulate these speech platforms. I think so,” Luan said. “Despite the fact that some users have filed lawsuits claiming that this law violates their First Amendment rights, which are different from TikTok, the court did so in the process of considering this particular law.” have not done so.”

The most likely short-term impact, Ruan said, is that the U.S. Supreme Court will temporarily halt enforcement of the law while the justices consider the case. This could delay implementation of the law for months, no matter how long it takes for the Supreme Court to rule in 2025. TikTok specifically seeks such a suspension in its court filing.

Ruane said the ban violates First Amendment rights and that the government would be justified in such an outright ban if the Supreme Court found that the U.S. government had less restrictive options at its disposal. It is possible that an injunction could be issued that would make it virtually impossible to do so. The Supreme Court could also ask the lower D.C. Circuit Court of Appeals to reconsider its analysis of the case. Such a decision could force governments to find more tightly tailored options for regulating TikTok.

How can Trump stop banning TikTok?

President-elect Trump supported plans to ban TikTok during his first term, but has since changed his mind. During the 2024 presidential campaign, he promised:Save TikTok'' he urged American voters to support him in a post on his social media platform “Truth Social.'' On December 16th, President Trump met TikTok's CEO later said in a press conference that the administration would “consider” the ban. Even if the Supreme Court ultimately agrees to keep the ban in place, President Trump could change the law's impact.

For example, the president could meet with U.S. lawmakers and ask for changes, such as repealing or amending domestic laws, Ruane said. She also described a possible scenario in which President Trump could instruct his administration's attorney general not to enforce the law, but warned that it would be outside the norm for how the U.S. government normally operates.

Even if President Trump's attorney general announces that the US government will not enforce the ban, US companies such as Google and Apple remain reluctant to allow people to access apps through their platforms. There is a possibility. “If I were in charge of legal risk at one of these companies, I don't know if I would be able to say, 'We believe in it.' [decision]It’s okay to allow access to this app, which is prohibited,” Ruane said.

What does the US ban on TikTok mean for the rest of the world?

If passed, the U.S. ban could have significant ramifications around the world. First, people in other countries will not be able to access new content from US-based TikTok creators and influencers. But more importantly, the U.S. government's actions could prompt other countries to consider similar restrictions.

The US is not the first country to take action against TikTok, with the Indian government blocking the app since 2020, but Luan said the US ban would lead to “authoritarian regimes” They expressed concern that this could prompt the banning of all apps, including those that are Similar national security justification.

“This will no doubt be used as a justification to ban TikTok elsewhere, and to ban access to other applications that have served as important speech platforms in countries where the internet is less open. will also be used,” Luan said.

Will banning TikTok protect privacy?

The ostensible purpose of the ban is to protect the privacy of U.S. TikTok users and prevent their data from falling into the hands of other countries, as well as to prevent the Chinese government from potentially manipulating the content presented to U.S. app users. It is to address the concerns that there are. But Ruane says there are many alternative steps U.S. lawmakers could take before blocking TikTok completely.

For example, governments could require TikTok to be more transparent about how it collects and shares individual user data and what steps it takes to protect privacy. There is sex. Lawmakers could require platforms to share how their algorithms filter and control the content users see to alleviate concerns about tampering, Ruan said.

The U.S. government may also consider enacting consumer privacy laws that would provide better legal protections for how social media platforms share personal data with other companies and the government. “These consumer privacy and transparency choices are not as extreme as banning the entire platform,” Ruan said.