Biden admin won't enforce law banning TikTok platform, will instead pass issue on to Trump

By 
 January 17, 2025

The Supreme Court ruled this week to uphold a law passed last year that required popular social media platform TikTok's Chinese parent company, ByteDance, to sell the platform to American or U.S.-allied buyers or face being banned in the U.S. beginning on Jan. 19.

President Joe Biden, who signed and supported the law, now says he won't enforce the ban that will take effect on his final full day in office but rather will leave the matter for his successor, President-elect Donald Trump, to address after he's sworn-in next week, the Associated Press reported.

Trump, who similarly supported a TikTok ban during his first term in office, has since changed his views on the platform and has pledged to try to "save" the immensely popular and influential social media app that is unfortunately linked to the Chinese communist regime and poses some data privacy and national security risks.

Law to ban TikTok upheld

On Friday, SCOTUSblog reported that the Supreme Court unanimously upheld the law passed by Congress and signed by President Biden last year that set a deadline of Jan. 19 for Chinese company ByteDance to sell TikTok or face a nationwide ban on the platform.

The justices observed that, "for more than 170 million Americans," TikTok "offers a distinct and expansive outlet for expression, means of engagement, and source of community," but nevertheless concluded, "Congress has determined that divestiture is necessary to address its well-supported national security concerns regarding TikTok’s data collection practices and relationship with a foreign adversary."

ByteDance, TikTok, and a group of TikTok users had sued to block the law on claims that it violated the First Amendment, but their arguments failed to persuade lower courts or the Supreme Court, and the mandatory ban on the platform is set to take effect on Sunday.

Biden admin hands off TikTok problem to Trump

Politico reported on Thursday that an unnamed senior White House official confirmed that the Biden administration would not take any last-minute actions to enforce or delay the TikTok ban if the Supreme Court decided to uphold the law, which it did, but instead would hand the problem off to the incoming Trump administration.

"Our interpretation of the law that Congress passed is that absent a credible plan from the company on how they will divest, the President does not have statutory authority to trigger the 90-day extension," the official said. "The company has not only not advanced such a plan, they have signaled they have no intention of selling it to an American owner."

"Given the timing of when it goes into effect over a holiday weekend a day before inauguration, it will be up to the next administration to implement," the official added.

A similar message was issued Friday by White House press secretary Karine Jean-Pierre, who said in a statement, "The Administration, like the rest of the country, has awaited the decision just made by the U.S. Supreme Court on the TikTok matter."

"President Biden’s position on TikTok has been clear for months, including since Congress sent a bill in overwhelming, bipartisan fashion to the President’s desk: TikTok should remain available to Americans, but simply under American ownership or other ownership that addresses the national security concerns identified by Congress in developing this law," she added. "Given the sheer fact of timing, this Administration recognizes that actions to implement the law simply must fall to the next Administration, which takes office on Monday."

Trump said "Stay tuned" for his decision on TikTok ban

President-elect Trump, who sought to intervene in the case not to choose sides but simply to request a delay of the deadline, took the high court's decision in stride and posted his reaction to the ruling on his own social media platform, Truth Social.

"The Supreme Court decision was expected, and everyone must respect it," Trump wrote. "My decision on TikTok will be made in the not too distant future, but I must have time to review the situation. Stay tuned!"

Notably, multiple outlets reported that TikTok CEO Shou Chew has been invited to Trump's inauguration as a guest of honor and is scheduled to meet personally with the incoming president at his Mar-a-Lago resort in the near future.

" A free people [claim] their rights, as derived from the laws of nature."
Thomas Jefferson