Why a US TikTok Ban is Unlikely to Take Effect Soon Despite Recent Developments
Is a nationwide TikTok ban in the US possible? Here's why legal challenges and congressional approval make it unlikely.
Despite recent developments that suggest a TikTok ban is imminent, there are several reasons why such a ban is unlikely to take effect anytime soon. Here's why:
The Trump Administration's Attempted Ban
Former President Donald Trump attempted to ban TikTok in July 2020, citing national security concerns. He issued two executive orders, one banning the app and another demanding that its Chinese owner sell its US business to a US-based company. However, the ban was challenged under the First Amendment, and the executive orders were mired in negotiations between TikTok and the Biden administration over a potential national security agreement.
The RESTRICT Act
Washington lawmakers have launched two separate bills aimed at allowing the president to ban apps like TikTok on grounds they pose a risk to US national security. The RESTRICT Act is considered the most likely to succeed, but it still needs companion bills in the other chamber, as well as enough support to pass both houses and then President Joe Biden's signature. Even if the RESTRICT Act is passed this year, the Commerce Department has up to six months to begin reviewing transactions with the new authorities, and up to six additional months to complete the reviews and take action.
Legal Challenges
TikTok is likely to challenge any attempt to ban the app. The company was ultimately successful in quashing Trump's effort to ban the app in the US. The First Amendment protects Americans' right to access social media platforms of their choice. To justify a TikTok ban, the government would have to demonstrate that privacy and security concerns can't be addressed in narrower ways. The government hasn't demonstrated this, and restricting access to a speech platform that is used by millions of Americans every day would set a dangerous precedent for regulating our digital public sphere more broadly.
Why a Nationwide TikTok Ban Might Not Be Possible in the US
Recent developments suggest a TikTok ban in the US is imminent, but legal challenges and negotiation processes make it unlikely to happen anytime soon.
Despite calls for a TikTok ban in the US, legal challenges and negotiations with the government make it unlikely to happen anytime soon.
Tags: #TikTok #ban #US #nationalsecurity #FirstAmendment #RESTRICTAct #legalchallenges #congressionalapproval #socialmedia