7 Key Insights on Trump’s TikTok Suspension
Trump has enacted an order to pause enforcement for a period of 75 days.
President Donald Trump has urged TikTok to resume operations for its users, despite a Congressional divest-or-ban mandate, though uncertainties linger regarding whether the executive order will survive judicial review or permit tech firms to evade liability.
Below is an overview of the legislation, Trump’s directive, and the associated legal complexities.
1. What Is the TikTok Ban-or-Divest Law?
Last year, Congress passed the Protecting Americans from Foreign Adversary Controlled Applications Act with cross-party support, aiming to address national security and data privacy issues tied to TikTok’s connections with the Chinese communist government.
The Chinese-owned app, like any company in China, is legally obligated to provide data to government authorities if requested.
President Joe Biden enacted this law in April 2024. While it might extend to other networks, it explicitly mentions TikTok and its parent company, ByteDance, within its provisions.
The statute includes a provision allowing the president to grant a one-time, 90-day extension to delay enforcement under specific conditions.
2. What Did Trump’s Order Do?
On January 20, the president signed an executive order directing the attorney general not to enforce the legislation for a span of 75 days.
He also instructed the Department of Justice (DOJ) to notify tech firms that they would not incur liability for facilitating or hosting TikTok during this timeframe.
It explicitly states that no liability would be attributed for the period between January 19 and the signing of the order roughly 24 hours later.
During his earlier term, Trump had signed an order intended to terminate TikTok over national security concerns but has since reversed his position.
A message reading “Sorry, TikTok isn’t available right now” is displayed from the TikTok app on a cell phone screen in Nashville, Tenn., on Jan. 18, 2025. George Walker IV/AP Photo
“TikTok is predominantly used by young individuals,” Trump commented from the White House on January 20 during the signing of the new order.
“I suppose I have developed a fondness for TikTok that I didn’t originally possess.” When questioned about his change in stance, he answered: “Because I got to use it.”
3. What Happened on January 19?
TikTok went offline on January 18 in anticipation of the January 19 cutoff, but promptly began to restore services the next day in light of Trump’s assurances.
On TruthSocial, Trump mentioned he would be issuing an executive order for enforcement delay while suggesting a joint venture in which the U.S. holds a 50 percent ownership stake.
Sen. Tom Cotton (R-Ark.) responded to TikTok on social media, cautioning about potential financial repercussions.
4. Can Trump Extend the Deadline?
While Trump’s order indicated that liability would not apply to the timeframe preceding its signing, uncertainty remains regarding its validity in court.
Legal analysts suggest that TikTok and other firms may encounter consequences despite Trump’s directive.
Whether Trump possesses the authority to grant an extension after the January 19 deadline is among the debated legal issues.
President Donald Trump penning an executive order regarding TikTok in the Oval Office on January 20, 2025. Evan Vucci/AP Photo
“I foresee there will undoubtedly be considerable legal challenges concerning this specific executive order,” stated Montana Attorney General Austin Knudsen during a press call on January 21.
“To me, the principal issue for challenge is—does he possess the authority to extend the enforcement deadline?
“Can one adjust the due date on an exam after it has already passed?”
Knudsen added that he believes Trump is likely to “reach an agreement” regarding TikTok.
Alex Urbelis, legal counsel for the Ethereum Name Service, informed The Epoch Times: “This issue is intricate legally, and it is frankly ambiguous from the law’s text whether the president can enact this extension after the initial 270 days have elapsed or if such an extension should have been made within that window.”
Urbelis previously represented TikTok employees in challenging the Trump administration’s 2020 executive order aimed at banning TikTok. That order was ultimately blocked by a court and subsequently reversed by President Joe Biden, who signed the divest-or-ban legislation last year.
Upon signing the order, Trump mentioned: “We have 90 days” to decide whether to preserve TikTok or “shut it down.”
Yet, it remains uncertain whether his directive qualifies as part of the 90-day extension stipulated by the law.
TikTok CEO Shou Zi Chew (2nd L) and Tulsi Gabbard (3rd R), nominated as the next director of national intelligence, present at President Donald Trump’s inauguration at the U.S. Capitol Rotunda on January 20, 2025. Julia Demaree Nikhinson – Pool/Getty Images
5. What Would a Deal Look Like?
The specifics of an eventual deal, if it materializes, are uncertain.
Trump noted on January 20 that it might involve a private sector owner and some oversight of the platform by the United States.
“I could envision creating an agreement wherein the United States holds a 50 percent stake in TikTok—overseeing it to varying degrees, depending on the circumstances,” he remarked.
The law defines a “qualified divestiture” as a transaction deemed by the president to effectively sever any control of the application by a foreign adversary like TikTok.
Additionally, the transaction must prevent an operational connection between the U.S., the application, and other previously associated entities—including over content-recommending algorithms and data sharing.
UC Berkeley Law Professor John Yoo has indicated that the law would not permit a joint venture allowing any ongoing influence from the Chinese Communist Party.
“It is unclear if a 50 percent U.S. ownership stake would qualify as an adequate divestiture under the statute,” he expressed during the call with Knudsen. “Owning 50 percent does not equate to full control of the enterprise, which seems to be a requirement outlined in the statute.
“It does not permit continuance of any Chinese Communist Party influence through a 50 percent share of the entity.”
China’s ruling communist party has firmly stated its opposition to the sale of TikTok. Simultaneously, U.S. firms are prohibited from operating in China.
Trump has suggested utilizing tariffs to force China to sanction the divestiture.
The ByteDance logo is visible at the company’s headquarters in Shanghai on July 4, 2023. The China-based corporation is mandated by U.S. law to either cease TikTok operations in the U.S. or to sell it to another company. Aly Song/File Photo/Reuters
6. How Might the Executive Order Be Defended in Court?
The Supreme Court examined the legal considerations regarding the ban and upheld its legitimacy in a unanimous ruling in January. The Court concluded that the act did not contravene the First Amendment.
Related Stories
“TikTok’s scale and vulnerability to foreign adversary control, along with the extensive amount of sensitive data collected by the platform, warrant distinct treatment to mitigate the government’s national security apprehensions,” the Supreme Court articulated in an unsigned opinion.
In a brief to the court, then-President-elect Trump urged consideration of halting enforcement based on the authorities he would assume just a day before the law was set to come into effect.
If this brief and his order are any indication, his administration is expected to justify the 75-day suspension in court by invoking his rights under Article II of the Constitution.
Trump also asserted that the divestiture stipulations infringe upon his powers since they compel him to make decisions through an “interagency process.”
Article II delineates the section of the Constitution that entrusts executive authority to the president.
Individuals take pictures of the U.S. Supreme Court during oral arguments on whether to overturn or delay a law that could lead to the ban of TikTok within the United States, on January 10, 2025. Kayla Bartkowski/Getty Images
7. Can Tech Companies Avoid Liability?
The divest-or-ban law places a fine of $5,000 per user on entities that “have accessed, maintained, or updated a foreign adversary controlled application as a result of such violation.”
In the event of a lawsuit against the administration, the ensuing legal confrontation would likely highlight the question of whether companies collaborating with TikTok would encounter substantial penalties.
Cotton’s caution about liability preceded Trump’s order but also responded to TikTok expressing gratitude to Trump for “providing the required clarity and assurance to our service providers that they will not face penalties.” Earlier that day, Trump had made his announcement via TruthSocial, indicating an imminent executive order.
Terri Wu contributed to this report.
