Biden won’t enforce TikTok ban, leaving fate of app up to Trump

President Joe Biden will not enforce a ban on TikTok before he leaves the White House on Monday, a source told The Associated Press on Thursday. 

It will ultimately be up to President-elect Donald Trump whether or not the popular app stays or goes following the Supreme Court’s decision, and Trump has said he would look into saving the app.

An illustration photo shows the TikTok logo on a smartphone with President Joe Biden in the background. (Photo credit should read CFOTO/Future Publishing via Getty Images)

What is the TikTok ban law?

The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA), which passed with bipartisan support last year and was signed by President Joe Biden, cites national security concerns over the company’s ties to the Chinese government. It mandates that ByteDance sell TikTok’s U.S. operations by Jan. 19 or face a ban. 

If the sale is not completed by that date, TikTok will be blocked from U.S. app stores, and existing users will lose access to updates and support. ByteDance contested the law, claiming it violates First Amendment rights, but the court’s actions mean it will move forward with the deadline.

Trump pledges to save TikTok

Trump, who once called to ban the app, has since pledged to keep it available in the U.S., though his transition team has not said how they intend to accomplish that. 

Trump has reversed his position on the popular app, having tried to ban it during his first term in office over national security concerns. He joined TikTok during his 2024 presidential campaign and his team used it to connect with younger voters, especially male voters, by pushing content that was often macho and aimed at going viral. He pledged to "save TikTok" during the campaign and has credited the platform with helping him win more youth votes. 

TikTok CEO Shou Zi Chew is expected to attend Trump’s inauguration and be granted a prime seating location on the dais as the president-elect's national security adviser signals that the incoming administration may take steps to "keep TikTok from going dark." 

What they're saying:

Incoming national security adviser Mike Waltz on Thursday told Fox News Channel's "Fox & Friends" that the federal law that could ban TikTok by Sunday also "allows for an extension as long as a viable deal is on the table." 

"If the Supreme Court comes out with a ruling in favor of the law, President Trump has been very clear: Number one, TikTok is a great platform that many Americans use and has been great for his campaign and getting his message out. But number two, he’s going to protect their data," Waltz said on Wednesday. 

"He’s a deal maker. I don’t want to get ahead of our executive orders, but we’re going to create this space to put that deal in place," he added.

The Supreme Court will decide

The backstory:

Last week, the Supreme Court heard oral arguments in a legal challenge to the statute brought by TikTok, its China-based parent company ByteDance, and users of the app. The Justices seemed likely to uphold the law, which requires ByteDance to divest TikTok on national security grounds or face a ban in one of its biggest markets.

Who could buy TikTok? 

Project Liberty, led by billionaire Frank McCourt, has emerged as a potential buyer for TikTok’s U.S. assets. The group has secured verbal commitments of up to $20 billion to fund the purchase, although any deal would exclude TikTok’s algorithm, which China regards as intellectual property.

The push to sell TikTok has been ongoing since 2020, when Trump initially sought to force the sale. However, those efforts stalled, and it’s now up to the Supreme Court to decide TikTok’s future in the U.S.

The Source: Information for this article was gathered from The Associated Press and previous reporting on LiveNOW from FOX. This story was reported from Los Angeles. 

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