President Trump signed an executive order on Monday to delay enforcing a federal ban of TikTok for at least 75 days, even though the law took effect on Sunday and it is unclear that such a move could override it.
The order, one of Mr. Trump’s first acts after taking office, instructs the attorney general not to take any action to enforce the law so that his administration has “an opportunity to determine the appropriate course forward.”
The order could immediately face legal challenges, including over whether a president has the power to halt enforcement of a federal law. Companies subject to the law may determine that the order does not provide a shield from legal liability.
The federal law banning TikTok, which is owned by China’s ByteDance, mandated that the app needed to be sold to a non-Chinese owner or it would be blocked. The law allows a president to grant a 90-day extension if a buyer is found, but only if there is “significant progress” on a deal that can be completed within that period. It is not clear that the extension is available, given that the law is already in effect.
By seeking to override the federal law, Mr. Trump raised serious questions about the limits of presidential power and the rule of law in the United States. Some lawmakers and legal experts have expressed concerns about the legality of an executive order, particularly in the wake of a Supreme Court ruling that upheld the law on Friday and the national security concerns that prompted legislators to draft it in the first place.
Former President Joseph R. Biden Jr. had signed the law, which passed overwhelmingly in Congress last year, forcing ByteDance to sell TikTok or face a ban. TikTok had faced security concerns that the Chinese government could use it to spread propaganda or collect U.S. user data. The law levies financial penalties on app stores and cloud computing providers unless they stop working with the app.
TikTok briefly went dark for U.S. users over the weekend, but returned Sunday following Mr. Trump’s social media announcement that he was planning an executive order.
Mr. Trump’s efforts to keep TikTok online have major implications for its users. The app has reshaped the social media landscape, defined popular culture and created a living for millions of influencers and small businesses that rely on the platform.
TikTok’s ties to China have long raised national security concerns, including with Mr. Trump. Near the end of his first term in 2020, Mr. Trump issued an executive order that would bar app stores from making TikTok available for download. He then pushed for an American company to buy the app, but those efforts fizzled when he lost re-election.
Last year, the effort was revived by Congress and Mr. Biden signed it into law in April. The law targeted app stores, like those run by Apple and Google, and cloud computing companies. It said those companies could not distribute or host TikTok unless the app was sold to a non-Chinese owner by Jan. 19.
Mr. Trump then reversed positions. He joined the app in June and said on television in March that there are young people who would go “crazy” without TikTok.
“I guess I have a warm spot for TikTok that I didn’t have originally,” Mr. Trump said as he signed executive orders Monday evening.
TikTok challenged the law in federal court, saying it impeded its users’ rights to freedom of speech as well as the company’s own First Amendment rights. The Court of Appeals for the D.C. Circuit upheld the law in December. TikTok appealed to the Supreme Court, which on Friday also upheld the law.
TikTok and some Democrats made a last-ditch effort to stop the law from taking effect. But on Saturday, TikTok stopped operating in the United States and disappeared from Apple and Google’s app stores a few hours before midnight. Users grieved its disappearance.
On Sunday morning, Mr. Trump announced on Truth Social that he would “issue an executive order on Monday to extend the period of time before the law’s prohibitions take effect, so that we can make a deal to protect our national security.” He said he would not punish companies that had violated the law to keep the app online.
Hours later TikTok restored its service to U.S. users and welcomed them back with a message: “As a result of President Trump’s efforts, TikTok is back in the U.S.!”
As he signed executive orders in the Oval Office, Mr. Trump was asked why he had changed his mind about the app.
“Because I got to use it,” he said.
Sapna Maheshwari contributed reporting.
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