TikTok receives extension from ban

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Although only temporarily, TikTok has returned to American users after a brief ban. President Donald Trump signed an executive order on Jan. 20 extending the ban for another 75 days. 

This order instructed the U.S. Attorney General Merrick Garland not to enforce the ban while the Trump administration decides on a course of action that protects national security while avoiding another shutdown. Under the federal law that was upheld by the Supreme Court on Jan. 17, TikTok’s parent company, ByteDance, still needs to sell to an approved buyer.

Public Law 118-50, or the Protecting Americans from Foreign Adversary Controlled Applications Act, was proposed to the United States Senate on March 14, 2024, and says that 180 days after the Act is enacted providing services to distribute, maintain or update foreign adversary-controlled applications to anyone in the U.S., according to the official website for U.S. federal legislative information. After passing through the House of Representatives by a vote of 352-65 and being sent to the Senate Committee on Commerce, Science and Transportation, H.R. 7521 was enacted via H.R. 815: “Making emergency supplemental appropriations for the fiscal year ending Sept. 30, 2024, and for other purposes,” which was signed into law by then President Joe Biden on April 24, 2024, according to Congress.gov

TikTok posted on X on Jan. 17, “Unless the Biden Administration immediately provides a definitive statement to satisfy the most critical service providers assuring non-enforcement, unfortunately TikTok will be forced to go dark on January 19.” 

By 10:50 p.m. EST on Jan. 18, the app was unavailable on the Apple Store or Google Play, and when users opened the app, a message popped up stating that a law banning TikTok has been passed in the U.S., prohibiting them from using the app, according to ABC News. However, in just over 12 hours, TikTok thanked then President-elect Trump on X for “providing the necessary clarity and assurance” that the company will not face any penalties for providing TikTok to Americans. Additionally, the post said it will work with Trump on a long-term solution to keep TikTok in the U.S. 

On Jan. 20, Trump signed an executive order extending the deadline for ByteDance to sell, which he has been pushing for since his first term. In 2020, Trump signed an executive order to prohibit U.S. citizens from any transaction with ByteDance if the company did not at least partially sell to a U.S.-based company, but the ban was blocked by U.S. District Judge Carl Nichols, according to NPR. Nichols wrote that the Trump administration had failed to adequately consider an alternative to banning TikTok before passing legislation.

Although only 65 representatives voted against the ban, Senators Ed Markey, Rand Paul and Representative Ro Khanna submitted a bipartisan brief urging the Supreme Court to reverse the D.C. Circuit Court’s decision to uphold the ban, according to Markey’s website. The brief argues that banning TikTok due to “speculative concerns” about national security and foreign interference is unconstitutional, and less drastic measures could effectively address the issue.

“This TikTok ban is just the latest iteration of a speculative national security argument masking a crackdown on political speech, and it threatens a platform used by millions to share their voices, ideas, and creativity,” Markey said, according to his website. “I urge the Supreme Court to take a lesson from history, stand up for TikTok’s users and creators, and reject the TikTok ban.”

According to Pew Research Center, one-third of U.S. adults use TikTok, with the highest usage rate by age being 18-29-year-olds at 59%. Senior music education major Jocelyn Hutchins said she has been a part of social media and video platforms for several years. She said she created her TikTok account when the app was still going by “Musical.ly,” and now she creates content for her YouTube and TikTok accounts. Hutchins said while the ban is out of the common person’s control, she hopes the events surrounding the app will help people think more about how they want to spend their free time and be more aware of overconsumption habits.

Content Strategist for UIndy’s Office of Communications and Marketing Troi Watts said she enjoys being able to post on TikTok as part of her job because of the unique community it creates. While similar content can be posted on different social media platforms, she said it would be unfortunate to lose that aspect of the UIndy community if TikTok were to be banned.

“I think TikTok does a really good job of being casual and building community,” Watts said. “I really enjoy seeing our students or Grady kind of interact on a more casual level and build community that way.”

Watts added that she finds the community on TikTok to be more authentic than on other social media apps. Sophomore communication major Vanessa Sanchez also said she is able to see and express more creativity on TikTok because the content is more tailored to her interests. 

According to Pew Research, 32% of adults would support a ban on TikTok, which is down 50% from March 2023. 52% of TikTok users say they regularly get their news from the app, according to Pew Research, and appreciate the gender and LGBTQ+ diversity they see from news sources on TikTok. Markey and Paul argued in their brief that a ban would be an unnecessary violation of U.S. citizens’ First Amendment rights. 

“A ban on TikTok not only violates the free speech of millions of Americans, but it also jeopardizes the livelihoods of creators and small business owners who use the app,” Khanna said via Markey’s website. “We need laws to protect Americans’ data, but banning TikTok is not the answer.”

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