The popularity of TikTok is unprecedented, with roughly one-third of American adults engaging with the platform, according to a recent Pew Research study. Yet, this pervasive app finds itself overshadowed by an atmosphere of uncertainty and impending regulation.
Former President Donald Trump, who previously attempted to impose a ban on TikTok four years ago—an effort that ultimately faltered—could now emerge as a potential champion for the platform, shifting his stance as he ramped up his campaign for the presidency.
Legal experts consulted by my colleagues at The Post suggest that Trump could exercise his authority to instruct the Justice Department to refrain from enforcing the law enacted this spring, which mandates either the sale or prohibition of TikTok in the United States.
As president, Trump could assert that TikTok is in compliance with the law, as noted by Alan Rozenshtein, an associate law professor at the University of Minnesota and former national security adviser to the Justice Department, who explained in a Lawfare article that this declaration might stand regardless of its veracity.
Both TikTok’s representatives and Trump’s campaign did not respond to inquiries for comments regarding this evolving situation.
In a strategic maneuver to gain favor with conservative audiences, TikTok’s senior executives have relaxed some of their content moderation policies, as reported by The Information. The platform has actively sought to encourage Trump to utilize TikTok, a move he embraced this spring, with the hope that his presence could sway public perception in favor of the app.
Public sentiment toward TikTok has witnessed a marked shift; a survey conducted in March 2023 revealed that nearly half of Americans supported a ban on the application. However, by the summer, that figure plummeted to just 32 percent, highlighting a significant change in attitudes, as per Pew Research surveys.
Option 2: Beat a ban in court
In legal challenges, TikTok has contended that the U.S. government lacks substantial national security justification to infringe upon Americans’ rights to free speech by implementing a ban on the app.
(For context, many U.S. policymakers harbor concerns that the Chinese Communist Party could potentially exploit TikTok to manipulate American opinions or collect personal data, although officials have yet to provide concrete public evidence supporting these fears.)
During a recent court hearing, judges expressed skepticism regarding whether TikTok’s free speech claims could indeed outweigh national security considerations. If the ruling goes against TikTok, the company is expected to appeal to the Supreme Court in a bid for redress.
Rozenshtein perceives that the government holds a compelling case to support the ban and remains doubtful that the Supreme Court would side with TikTok. “You never know,” he cautioned, “but I’m highly skeptical the courts will save TikTok.”
Option 3: A halfway measure
A notable precedent demonstrates TikTok’s capability to navigate governmental pushback. In 2022, the Indonesian government implemented strict regulations on foreign e-commerce applications, including TikTok, out of concern for their adverse effects on local enterprises. As a result, TikTok had to halt the operation of its popular shopping feature, TikTok Shop, within the country.
However, TikTok rapidly adapted, merging with an Indonesian e-commerce firm, effectively rebranding itself as a domestic entity rather than a foreign competitor.
Although the Indonesian experience might not perfectly align with the situation in the U.S., it highlights TikTok’s adaptability in appeasing government apprehensions.
A potential partnership with Oracle, a prominent software company known for its ties to the former Trump administration, may offer a pathway for TikTok to secure a compromise that allows the White House to claim success against perceived Chinese threats while retaining the app’s operations.
In response to inquiries, Oracle chose not to comment on the matter.
Technologies like Uber and cryptocurrencies have often dodged stringent regulations through their widespread popularity and clever strategies, yet TikTok’s predicament may be far more precarious.
Dependence on a volatile political figure like Trump is a precarious strategy for TikTok. Furthermore, the bipartisan apprehension regarding potential Chinese influences remains a significant issue on Capitol Hill.
Jennifer Huddleston, a technology policy expert at the Cato Institute, expresses concern that the law mandating the sale or prohibition of TikTok bestows excessive unchecked authority to current and prospective presidents over which applications may thrive in the United States.
This reality implies that TikTok and similar apps from China or other perceived adversarial nations could face sudden bans at any moment, according to Huddleston, whose organization typically advocates for minimized government interference.
As a result, TikTok users must navigate the uncertainty surrounding the platform’s future in the U.S. It might be prudent for them to download their TikTok data and connect with their favorite creators through alternative platforms.
How might TikTok’s potential shift in content moderation policies affect its user engagement and public perception?
**Interview with Dr. Emily Carter, Social Media Policy Expert**
**Editor**: Thank you for joining us today, Dr. Carter. With TikTok’s popularity soaring among American adults, what do you think is the primary reason for this intense engagement?
**Dr. Carter**: Thank you for having me. TikTok has successfully tapped into a younger audience’s desire for creative expression and community. Its algorithm is incredibly effective at delivering personalized content, which keeps users engaged. However, that engagement raises concerns about data privacy and national security, particularly given its ties to China.
**Editor**: Former President Trump attempted to ban TikTok years ago, but now there are suggestions that he could support the platform in his campaign. How do you think this shift in stance could affect TikTok’s future?
**Dr. Carter**: If Trump does pivot to support TikTok, it could certainly change public perception and mitigate some regulatory pressure the platform faces. However, it’s a delicate balance—while he may leverage TikTok’s popularity among younger voters, the regulatory environment is still complicated by national security concerns.
**Editor**: Legal experts are weighing in on the implications of a potential ban and TikTok’s free speech claims. What do you think are the chances of TikTok prevailing in court?
**Dr. Carter**: The legal challenges will hinge on whether the courts see national security as a legitimate concern versus protecting free speech. Some judges have shown skepticism towards TikTok’s claims, and I think there’s potential for the government to make a compelling case against the app. That said, legal battles can be unpredictable.
**Editor**: There are reports of TikTok relaxing its content moderation policies to appeal to conservative audiences. Could this be an effective strategy in shifting political sentiment towards the app?
**Dr. Carter**: It’s certainly a strategic move. By aligning itself with conservative values, TikTok could broaden its supporter base and counteract criticisms. However, this could also backfire if users perceive it as pandering. The key will be authenticity and whether these changes resonate with both existing and potential users.
**Editor**: looking at TikTok’s adaptability demonstrated by its response to regulations in Indonesia, how likely is it that the platform can adjust to US concerns while remaining popular?
**Dr. Carter**: TikTok has shown remarkable resilience and adaptability in varying markets. If it can find a way to address specific concerns about data privacy and national security without losing its core user base, it may continue to thrive. They might need to adopt a model similar to that used in Indonesia, creating a sense of local ownership while still providing the vibrant content that users love.
**Editor**: Thank you, Dr. Carter, for sharing your insights! It will be interesting to see how this situation evolves.
**Dr. Carter**: My pleasure! I look forward to seeing how it plays out as well.
