President Trump Issues Executive Order Shielding TikTok Temporarily
On January 20, 2025, President Donald Trump signed an executive order temporarily protecting TikTok from a ban in the United States. The order allows a 75-day window for the Trump administration to evaluate the implications of a recently enacted law prohibiting the app.
Legal Basis for the Order
Trump cited his "unique" responsibilities as president and the timing of the law, which interfered with his assessment of national security concerns. However, experts have questioned the legal validity of the order, noting that it potentially conflicts with existing legislation.
TikTok's Fate
The law briefly resulted in TikTok's shutdown but did not explicitly ban the app. It prohibits access through app stores and cloud services unless its parent company, ByteDance, divests its ownership to a non-adversarial country.
Trump's Proposals
Trump has suggested a joint venture with TikTok, involving a 50% stake for the United States. He has also threatened tariffs against China if they do not approve a proposed buyer for TikTok's US assets. Trump has valued TikTok at $1 trillion.
Congressional Reaction
Republican lawmakers, including Senators Tom Cotton and Pete Ricketts, have criticized Trump's order, arguing that there is no legal basis for extending the effective date of the law. House Speaker Mike Johnson has also expressed support for enforcing the current law.
Tru-Man Era Precedent
An executive order has limited authority to protect TikTok from the recently enacted law, according to experts. The 1952 Supreme Court case Youngstown Sheet & Tube Co. v. Sawyer established that presidents cannot issue orders that conflict with federal law.
Conclusion
The future of TikTok remains uncertain as the Trump administration and Congress continue to debate its fate. President Trump's executive order provides a temporary reprieve, but its legality is in question.