Analysis: How Trump’s Return Might Be a Boon for TikTok

The election of Donald Trump might positively impact TikTok, potentially saving the Chinese-owned app from a looming federal ban threatening its presence in one of its largest markets [para. 1]. In April, President Biden signed legislation giving ByteDance, TikTok's parent company, an ultimatum to sell the app by January or face a ban from U.S. app stores due to fears of Beijing accessing user data and influencing U.S. citizens. ByteDance disputes these claims and challenges the law's constitutionality in federal court, with a ruling expected by December 6 [para. 2][para. 3]. Speculation grows about Trump's potential actions regarding TikTok, especially since he praised the app during his campaign [para. 4].

Despite having initially issued orders to ban TikTok in 2020, citing national security threats, Trump's recent campaign saw him embracing the platform, even accusing Facebook of unfair election practices and urging voters to support TikTok [para. 5][para. 6][para. 7]. Trump's change of heart seems unrelated to a meeting with Jeff Yass, a ByteDance investor, as Trump denied such influence. He criticized President Biden for the app's potential ban and joined TikTok himself, gaining millions of followers rapidly [para. 8][para. 9][para. 10]. Experts note that Trump, as a supporter, could potentially reverse the ban. However, a final decision is uncertain, though momentum might be tilting in TikTok's favor [para. 11].

On November 6, Trump's victory celebration was streamed on TikTok, receiving notable viewership, and his follower count grew significantly thereafter [para. 12]. ByteDance's divestment deadline is January 19, just before Trump's inauguration, but they might receive an extension once he assumes office. Trump's best move would involve collaborating with Congress to alter the law, although bipartisan support for the divestiture act presents a challenge [para. 13][para. 14].

In efforts to safeguard itself, TikTok hopes for a federal court intervention to invalidate the law. On May 7, TikTok sued U.S. Attorney General Merrick Garland, claiming that the ban violates the First Amendment. Previously, this argument granted an injunction against the app's ban but this time, since the law allows divestiture, TikTok must argue the difficulty of separating U.S. operations, complicating its legal fight [para. 15][para. 16].

Also, TikTok creators launched their lawsuit against the federal government, asserting that the ban infringes on free speech rights, showcasing the wide opposition spectrum from military veterans to skincare brand founders [para. 17]. Meanwhile, the Department of Justice submitted a brief supporting the ban, citing serious national security threats superseding First Amendment rights and providing evidence of potential user data misuse [para. 18][para. 19].

However, specific national security information remains classified, and congressional support for the ban stems from these classified facts. This evidence will be accessible to Trump upon his return to the presidency [para. 20]. An appeals court decision on the ban's overturning is anticipated by December 6, with possible escalation to the Supreme Court, potentially prolonging the issue and possibly impacting the final resolution of TikTok’s legality in the U.S. [para. 21].