By: Jonah Haseley
The TikTok ban might seem like old news, but readers can expect it to be back in the headlines and their TikTok feeds by April. Here’s why:
In April 2024, President Biden signed a bill into law that would ban TikTok from app stores in America. The law would allow TikTok to survive in the US if its Chinese parent company, Byte Dance Ltd., sold it to a new owner. TikTok sued, arguing that the law was unconstitutional, but the United States Supreme Court upheld the law on January 17, 2025. By January 19th, TikTok was down in America. On January 20, 2025, Trump retook the White House. TikTok was already back online, and he signed an executive order stating that the government would not enforce the ban for another 75 days. The order expires on April 5.
Potential sale
So, by April 5th, someone will have to buy TikTok, or it could be banned in the US. TikTok has nearly 2 billion users globally, so it would be expensive. The company is not publicly traded, but sources estimate it would cost at least tens of billions of dollars. Any sale would have to be approved by the Chinese government, which would complicate the transaction. The President has proposed creating an American sovereign wealth fund, which could be a way for the US government to acquire a direct stake in TikTok. However, plans for the fund are vague and would likely require participation from Congress to form.
Congressional action
Getting TikTok to sell is not the only way to ensure Americans can keep using it. Some members of Congress have opposed the ban since it was passed and filed an amicus brief with the Supreme Court when the case was being litigated urging them to strike down the law. In January, Representative Ro Khanna and Senator Rand Paul introduced the bipartisan and bicameral Repeal the TikTok Ban Act, which would do exactly what it says. Additionally, it seems unlikely that any ultimate resolution will be reached before April 5th, and lawmakers have recognized that, with Senator Markey introducing a bill to extend the deadline for the ban.
The bigger picture
For TikTok to survive long term in America, either Congress needs to act, or someone needs to buy it. However, that does not necessarily mean the app can continue functioning as usual until April 5th. The law banning TikTok is still on the books, and the President’s executive order does not change that. It does tell US service providers that the government will not enforce the ban against them until April 5th, so the government is essentially endorsing breaking that law for now. If the executive order lapses without any other measure preventing the ban from going into effect, companies like Google and Apple could pay fines of $5,000 per user. Of the 2 billion TikTok users worldwide, 170 million live in the US. That could mean fines totally approximately $850 billion, which, even for tech giants, is considerable. Fundamentally, delaying enforcement of the law constitutes the executive branch of the government refusing to execute a law passed by Congress and upheld by the courts. Though support for the ban has declined, the rule of law is at issue when the government declines to enforce the law. The President has only been in office for a little over a month, and already there are concerns about whether his administration will follow court orders. Preserving people’s freedom to use the apps they want to use is important, but the real test for our institutions will come when the subject matter of a court order does not draw public attention like a 7-second video.
#TikTok #TikTokBan #SaveTikTok