Wednesday, 12 Mar 2025

Biden maintains he will not enforce TikTok ban, plans to punt to Trump administration

The White House has confirmed President Biden will not enforce the TikTok ban set to take effect Sunday.


Biden maintains he will not enforce TikTok ban, plans to punt to Trump administration
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The Biden administration on Friday maintained that it will not actively enforce a federal law set to ban the Chinese-owned social media app TikTok, instead punting any action to the incoming Trump administration.

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."

The court continued: "For the foregoing reasons, we conclude that the challenged provisions do not violate petitioners' First Amendment rights. The judgment of the United States Court of Appeals for the District of Columbia Circuit is affirmed."

Just last year, Congress required that TikTok's China-based parent company ByteDance divest the company by Jan. 19. The law was subsequently signed by Biden.

First Amendment challenges must be analyzed under strict scrutiny, which places a higher burden of proof on the government when attempting to justify the constitutionality of a law. In this case, the First Amendment protections in question must be crafted to serve a compelling government interest, narrowly tailored to achieve that interest.

Fox News Digital's Breanne Deppisch contributed to this report. 

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