TikTok's Legal Troubles: Examining the Ban and the Expiration of the Extension

Piece by Sophia Korman and Adelaide Baran

Photo: SBS

What happened to TikTok? The only explanation provided by TikTok regarding its return was that President Trump had signed an executive order bringing it back; however, those that did not look over the order itself may not realize that there is a date attached to the document. Trump’s order does not end the entire ban, instead it delays it by 75 days. 

The order was issued on January 20th, meaning it ends on April 5th. As that date approaches, the legal system is tasked with discovering if a president has the power to retroactively suspend federal law. While the hope of many high school students is that TikTok stays up, it is more likely that the ban will simply be reinstated as there is little work around to the legislature provided. But what exactly is the law prohibiting Tiktok? And why did the government decide to ban TikTok in the first place? 

Firstly, it is important to understand that concerns surrounding TikTok date back to Trump’s first presidential term, namely in 2020. At the time, Trump had loosely thrown out the idea of banning the app as a result of China’s mishandling of the Covid pandemic. Shortly after, he issued an executive order that banned American companies from any “transaction” with Byte Dance, the owner of the app, before following that order up with another demanding Byte Dance “divest itself of TikTok U.S. operations within 90 days.” There were talks about Microsoft potentially buying TikTok, but ultimately nothing happened, and Byte Dance sued the Trump administration for “alleged violation of due process in its executive orders.”

In the fall of 2020, Biden came into power, and Trump’s plan to force TikTok’s sale collapsed after continuous extending of the deadline. Biden remained neutral on the matter of TikTok for several months until early 2021, where he postponed Trump’s legal cases regarding banning the app. Over the next two years, TikTok continued to grow, as well as reports regarding mishandling of personal data of the app’s users, but very little happened legislatively. 

In December of 2023, then FBI director Christopher Wray testified before Congress that TikTok posed a significant national security threat due to its ownership by the Chinese company ByteDance. Wray cited concerns that the Chinese Communist Party (CCP) could exploit TikTok to manipulate American public opinion, collect sensitive user data, and influence political discourse. His testimony reinvigorated bipartisan support for stricter regulations against TikTok, leading to the drafting of the law that would ultimately result in the app's brief ban in early 2025.

The law in question, officially known as the Protecting Americans from Foreign Adversary Controlled Applications Act, was signed into law by President Biden on January 1, 2025. It prohibited companies owned or substantially controlled by foreign adversaries from operating within the United States unless they divested ownership to an American company. TikTok, as a subsidiary of ByteDance, was directly targeted by this law, leading to its removal from app stores and blocking of new downloads on January 20th, 2025.

However, the ban was short-lived. Mere hours after it took effect, former President Donald Trump, who had recently announced his 2024 presidential campaign and positioned himself as a fierce opponent of Biden’s administration, signed an executive order postponing the law’s enforcement for 75 days. Trump justified his intervention by arguing that the law violated free speech rights and unfairly singled out TikTok without addressing broader concerns about data privacy across social media platforms. His move was met with both praise and criticism, with some hailing it as a defense of free expression and others condemning it as a politically motivated stunt.

As April 5th approaches, the legal and political landscape surrounding TikTok remains uncertain. The Supreme Court has agreed to hear an expedited challenge on whether a president has the authority to retroactively suspend federal law through an executive order. Legal scholars are divided on the issue; some argue that Trump’s order is an overreach of executive power, while others claim that presidents have broad discretion in enforcing—or delaying—the implementation of laws. Regardless of the Court’s decision, the case will likely set a precedent for the limits of presidential authority in regulatory matters.

Meanwhile, TikTok’s future in the United States hinges on several possible outcomes. If the Supreme Court rules against Trump’s order, the ban will be reinstated, and ByteDance will be forced to either divest TikTok’s U.S. operations or shut down the app entirely within the country. In this scenario, American companies like Oracle or Microsoft could once again attempt to acquire TikTok, though negotiations would need to move swiftly to prevent prolonged disruption of the platform.

If the Court rules in Trump’s favor, the ban’s enforcement could be delayed indefinitely, allowing TikTok to continue operating while legal challenges unfold. This outcome would almost certainly prompt Congress to revisit the issue and consider alternative legislative measures to address national security concerns without outright banning the app.

Additionally, TikTok itself is not without options. ByteDance has hinted at restructuring its corporate governance to create more distance between TikTok’s U.S. operations and its Chinese parent company. By implementing greater transparency measures, storing American user data exclusively on domestic servers, and appointing an independent board of directors with no ties to ByteDance, TikTok could attempt to assuage government concerns and negotiate a path to continued operation.

Public opinion also plays a crucial role in this debate. TikTok has an estimated 150 million users in the United States, many of whom are vocal about their opposition to a ban. Social media campaigns, protests, and advocacy from influencers could pressure lawmakers to reconsider the severity of the restrictions or explore alternative solutions, such as stricter data privacy laws that apply to all platforms rather than singling out TikTok.

Ultimately, the battle over TikTok is emblematic of broader tensions between the United States and China, as well as ongoing debates about data privacy, national security, and executive power. Whether TikTok survives in the American market will depend on the interplay of legal rulings, political maneuvering, and corporate strategy in the coming months.