TikTok on the Clock (Again)

The video platform's uncertain status may be the worst of both worlds

On January 19, users of the massively popular short-video app TikTok saw this obsequious message personally thanking Donald Trump for allowing the platform to continue operating. The Supreme Court had just upheld a law, enacted under the Biden Administration, that would require TikTok’s Chinese parent firm to sell off the company to an American buyer or effectively shutter it. But after the platform went dark for just a few hours, Donald Trump announced he would be halting enforcement of the law to allow more time for a sale to be negotiated. In April, he granted a second extension. Now, some five months into his second term, Trump has announced a third extension, to last 90 days.

Quaint as it may appear to harp on such niceties under present circumstances, this appears to be unlawful. The statute requiring divestiture of TikTok empowers the president to grant a “1-time extension of not more than 90 days,” not to decline to enforce the law indefinitely at his own discretion:

(3) EXTENSION.—With respect to a foreign adversary controlled application, the President may grant a 1-time extension of not more than 90 days with respect to the date on which this subsection would otherwise apply to such application pursuant to paragraph (2), if the President certifies to Congress that—

(A) a path to executing a qualified divestiture has been identified with respect to such application;

(B) evidence of significant progress toward executing such qualified divestiture has been produced with respect to such application; and

(C) there are in place the relevant binding legal agreements to enable execution of such qualified divestiture during the period of such extension

Now, I’ve believed and argued from the very outset that the moral panic around TikTok as a dire national security threat was ludicrously overblown, and indeed, it seems to have been pushed along in no small part by a Facebook-funded PR campaign meant to kneecap a competitor that was steadily eating Instagram’s lunch. I thought the Supreme Court was wrong to shrug aside First Amendment concerns over shuttering an expressive platform used by 170 million Americans just because the government uttered the magical incantation “national security,” especially when there were far less drastic ways to address the kernel of legitimate concerns that existed.

Nevertheless, that statute passed, was signed into law, and upheld by the Court. And there are equally serious problems with Donald Trump unilaterally declining that he will refuse to “take Care that the Laws be faithfully executed.”

It’s not just that it’s offensive in principle for Trump to arrogate to himself the power to overrule Congress, which very specifically contemplated only a single 90-day extension of the deadline it imposed. Rather, it’s that TikTok, which determines what information those 170 million American users will see, now continues to operate wholly on the personal sufferance and whim of Donald Trump. The law is now a perpetual sword of Damocles dangling over the company, and Trump’s lone stubby-fingered hand holds the rope. If he is pleased with the company, perhaps he will continue extending its exemption from the law indefinitely—unlawful or not, there’s no sign as yet either of the other branches are disposed to stop him. If it angers him, he can destroy it overnight by deigning to finally enforce the law. And their groveling message shows they understand exactly how important it is to remain in his personal good books.

Worse, there are some signs that TikTok may already be warping the way the platform recommends content in order to curry favor with Trump. Even before the election, at least one academic study (a pre-print, so take it with a grain of salt) found that TikTok’s algorithm favored pro-Republican messaging. Since Trump took office—and spared the company from its statutory fate—many users are convinced that the platform has leaned even harder into promoting right-wing, pro-Trump content. And it’s not just vibes either: Videos critical of Trump that appear in searches overseas sometimes can’t be found when the same search is done in the United States.

I don’t know of any knock-down proof that these trends reflect a deliberate policy of massaging the algorithm to massage Trump’s ego—or at least avoid his viewing the platform as an enemy—but given the stakes for the company, and Trump’s notorious vindictiveness, it would be more surprising if they weren’t taking steps to avoid antagonizing him.

The irony here, of course, is that Republicans have spent much of the past decade decrying social media “censorship” of conservatives, and treated as scandalous e-mails from Biden officials flagging content as disinformation—even though request for removal were frequently rebuffed. Now, though, the Trump administration is literally in a position to destroy TikTok with the stroke of a pen, and the company doesn’t have the luxury of insisting on its independence from political pressure.