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Biden Administration Defers TikTok Ban to Trump Presidency
Charlie Kirk Staff
01/17/2025
On Thursday, the Biden administration announced that it would not enforce the TikTok ban scheduled to take effect on Sunday, instead leaving its implementation to the incoming Trump administration.
A White House official explained the decision to ABC News, stating, “Our position on this has been clear: TikTok should continue to operate under American ownership. Given the timing of when it goes into effect over a holiday weekend a day before the inauguration, it will be up to the next administration to implement.”
Although TikTok itself is not required to cease operations immediately, the Justice Department has the authority to impose fines of $5,000 per user on app stores and internet hosting services supporting the platform. TikTok, used by approximately 170 million Americans each month, is currently under legal obligation to divest from its Chinese parent company, ByteDance, and transfer ownership to an American entity.
Under existing law, the president may issue a one-time extension of up to 90 days to delay the ban, provided TikTok meets certain conditions. These include demonstrating progress toward divestiture, backed by “relevant binding legal agreements,” and showing evidence of significant steps toward compliance.
Earlier this month, the Supreme Court heard arguments regarding TikTok’s challenge to the ban. Lawyers for TikTok contended that the ban violates the First Amendment by restricting the company’s ability to operate within the United States. The Justice Department, however, argued that requiring divestment for national security reasons is unrelated to free speech. Based on the justices’ questioning, the court appears to lean toward supporting the government’s position, though no ruling has been issued.
Reports have also surfaced that Chinese officials are exploring alternative solutions to prevent the ban, including the possibility of Elon Musk, who owns X (formerly Twitter), acquiring TikTok’s U.S. operations.
President Trump, who will assume office the day after the ban is set to take effect, criticized the timing in an amicus brief submitted to the Supreme Court. He wrote, “This case presents an unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national-security concerns on the other. As the incoming Chief Executive, President Trump has a particularly powerful interest in and responsibility for those national-security and foreign-policy questions, and he is the right constitutional actor to resolve the dispute through political means.”
Trump’s brief further described the timing of the ban’s implementation as “unfortunate,” arguing that it interferes with his ability to effectively manage U.S. foreign policy. He emphasized the importance of addressing national security concerns while preserving a platform that enables millions of Americans to exercise their First Amendment rights.
