Supreme Court Rules In Favor Of A TikTok Ban, But There’s A Silver Lining
by John Brandon · ForbesThe highest court in the land has upheld a law that will ban TikTok in the United States starting this Sunday. While alternatives have emerged recently, this ruling should be the final say on whether the TikTok ban will actually go into effect.
There are a lot of dissenting viewpoints, even though Congress, President Biden, and now the Supreme Court have all mandated that the app should be banned.
One of those dissenting views is Biden himself, who recently suggested he won’t enforce the ban while still in office on Sunday before the Trump inauguration the next day. He has suggested he will leave the enforcement to Trump, who has said he is not in favor of the ban.
It’s an unfolding drama, but there’s a silver lining here. Two experts I spoke with left the door open to further discussion about TikTok’s future even after the ban.
What The TikTok Ban Actually Means
I’ve received many emails recently asking about whether it will be illegal to use TikTok come Sunday when the ban goes into effect.
I can tell you that a technical reading of the law makes one thing clear: The app stores can be held liable and fined if they do not remove the app. Also, TikTok will likely show you a notice about using the app, mostly around future updates.
That said, in the spirit of the law, it’s obvious the Justice Department is not merely suggesting or discouraging new users from downloading TikTok. The ban was meant to address concerns about the data collection, influence and even coercion, and privacy issues.
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Which is all to say: There is an element here of making a personal decision about using the app. It will certainly feel odd to keep using TikTok when you know there is a ban in effect.
Did The TikTok Ban Get Extended? There’s A Silver Lining
I am not sure this will last, however.
President-elect Trump has made it clear he is not supportive of the ban and plans to issue an executive order to overturn it. That likely won’t work — according to Ray Brescia, a professor at Albany Law School and author who studies privacy concerns.
“A President cannot ‘overturn’ a law passed by Congress,” he says. “The Trump Justice Department could slow-walk enforcement. It could try to convince Congress to modify the law. But the Executive Branch cannot overturn a law duly passed by Congress.”
“The President-elect has signaled and President Biden has also signaled that this is for Trump to handle and he most likely will convene all interested parties to come up with an alternate plan,” adds Dr. Craig Albert, a Professor of Political Science and Graduate Director of the Master of Arts in Intelligence and Security Studies at Augusta University.
These experts both suggested that Congress could modify the law.
“It would not be surprising if there is an executive action already being drafted to sideline the ruling of the Supreme Court (which could pave the way for more cases and further Supreme Court hearings on the matter),” says Dr. Albert. “I am confident President-elect Trump will adjust this ruling or attempt to create an alternate path forward.”
Which means: The TikTok ban could be short-lived after all. If the experts are correct, Trump may try to adjust the law and keep TikTok alive. We shall see.