Republicans and democrats They have invested huge amounts of money in create content for TikTok this election yearbut there is a chance that the app will not exist in the United States next cycle. Not even for President-elect Donald Trump’s inauguration in January.
A quick refresher: President Joe Biden signed the Protecting Americans from Applications Controlled by Foreign Adversaries Act in April, creating the situation we find ourselves in today. The law established a system that would ban TikTok if the app’s parent company, Bytedance, did not sell it to a US owner by January 19, 2025.. Once this period has passed, the President may decide to extend it for another 90 days. Tomorrow we’re supposed to find out whether a federal appeals court upholds the law forcing Bytedance to sell its stake.
It will dawn and we will see
We will soon know if the court overturns the ban law or if the fate of TikTok remains in the hands of the Trump administration.
Right now, There are two things that prevent this ban from taking effect. First, the deadline. And second, a lawsuit. Shortly after the bill became law, TikTok sued the US government for violating free speech protections for the company and its users by, in effect, banning the app. That is the decision we expect this week.
Various results could occur. The court could agree with TikTok’s arguments and strike down the law on First Amendment grounds. If that were to happen, TikTok would be safe unless the Justice Department decided to appeal the decision to the Supreme Court or the full DC Circuit. Even if the feds appealed, it could be months or years before judges took up the case, leaving us in even longer limbo.
The court could also uphold the law, sentencing TikTok to an outright ban. But if the court sides with the Justice Department, the incoming Trump administration could find a way to keep the app.
What would Trump do?
In September, Trump published in Truth Social: “FOR ALL THOSE WHO WANT TO SAVE TIK TOK IN THE USA, VOTE FOR TRUMP!” (caps are his, not mine) “I’m a big star on TikTok,” he said in the attached video. It was a strange statement coming from the man who was the first president to try to ban app. But according to Washington Postthe Trump administration now plans to find a way to stop any TikTok ban once the president-elect takes office, although it has not announced any official plans.
Trump approached TikTok over the course of the election year, promising to protect the beloved app. One of TikTok’s biggest investors, billionaire Jeff Yass, was also one of Trump’s biggest donors. He also used it to his advantage. During the summer, Trump joined TikTok and amassed millions of followers and collaborations with popular streamers who played a huge role in his campaign’s appeal to young voters. His numerous appearances in podcasts featuring the likes of Joe Rogan, the Nelk Boys and Andrew Schultz were also cut and shared in bite-sized pieces via the app.
And what do the Americans say?
More than 170 million Americans use TikTok, according to the most recent figures provided by the company. Only 32% of Americans support banning TikTok, according to a recent Pew survey. When a similar study was conducted in May 2023, 50% of Americans supported it.
Trump’s inauguration is scheduled for January 20, a day after the deadline to give TikTok more time to find a buyer. I would bet that Biden would decide to expand it, making the future of TikTok a Trump problem, but the current president has given no indication about what he might do. The White House did not respond to a request for comment from WIRED.
While Trump may have won on TikTok this cycle, Democrats don’t see the app as a lost cause. In fact, Democratic strategists I’ve spoken to have argued that app presence is more necessary than ever.
“I’m against the ban. Not only will it hurt us with younger voters, but it will eliminate a channel in which Democrats can compete to spread their message,” says Ryan Davis, co-founder and chief operating officer of People First, a company of marketing relational and influencers politicians who associated with the Biden and Harris campaigns. “Trump may have won TikTok in 2024, but it’s a channel where Democrats demographically should be very competitive.”
I honestly have no idea if TikTok will emerge victorious this week. When oral arguments were presented in September, the justices did not seem convinced that the law was, well, illegal.
Article originally published in WIRED. Adapted by Mauricio Serfatty Godoy.
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