A Big TikTok Consideration Trump Needs to Prioritize on Day One
President Trump faces a host of legal issues related to the 2024 Protecting Americans from Foreign Adversary Controlled Applications Act
As Congress has found, TikTok represents a serious threat to U.S. national security. It allows the Chinese government to access vast troves of data on TikTok’s 170 million American users. On Friday, the Supreme Court held that Congress’s 2024 Protecting Americans from Foreign Adversary Controlled Applications Act, which requires the sale or closure of TikTok, did not violate the First Amendment.
Nevertheless, the Trump administration reportedly will issue an executive order this week suspending the law for 90 days. According to press accounts, Trump aides say he needs time to make a deal to keep the social media site open.
But such an order may well violate the 2024 Act. The law gave TikTok 270 days to find a buyer or face a shut down – that time period ended on January 19, 2025. Trump has two problems. One, he takes office January 20, 2025, on day after the sale-or-divest requirement has already taken effect. There is no 270-day period left to extend. TikTok must close or be sold before Trump took office. Professors don’t give students an extension after a paper’s due date has already passed.
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