Either Repeal or Enforce—but Ideally Repeal—the TikTok Ban
It’s easy to forget that for more than five months, it has been the official position of the U.S. government that TikTok—the megapopular video sharing social media app owned by Chinese company ByteDance—must either be sold to another parent company or cease operating in the United States.
In the intervening period, the government has simply declined to enforce the law, allowing TikTok to continue operating under Chinese ownership. To be clear, the ban is a bad law. But leaving it on the books and willfully ignoring it sets a potentially more dangerous precedent about government power. If Congress is not going to repeal the law, then they should insist it be enforced.
In 2024, Congress passed the Protecting Americans From Foreign Adversary Controlled Applications Act, which prohibited operating or hosting “a foreign adversary controlled application (e.g., TikTok)” within the United States. The law required TikTok to find a buyer by January 19, 2025, or else shut down operations within the United States.
Ultimately, neither happened: While TikTok briefly went offline, President-elect Donald Trump said that after his inauguration on January 20, he would issue an executive order “to extend the period of time before the law’s prohibitions take effect” and “confirm that there will be no liability for any company that helped keep TikTok from going dark.”
Trump issued the executive order on his first day, “instructing the Attorney General not to take any action to enforce the Act for a period of 75 days from today.” He has since issued two additional orders further extending the deadline, 75 days at a time. While he has suggested at various times since—most recently last week—that he had buyers lined up, a sale has yet to materialize.
But no president has the authority to simply postpone the enforcement of a law passed by Congress. The fact that Congress seems content to let Trump decline to enforce it does not obviate the law itself. And for that reason, if Congress will not repeal the law, then it should insist Trump enforce it.
Granted, the TikTok ban is a bad law: Never before in American history has the government singled out a private co
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
