Is Time up for TikTok?

In this Op-Ed, Anne Delacruz argues that Trump’s attempt to ban TikTok is unconstitutional. Although the US president has cited privacy concerns, these do not include targeting of the government, infrastructure, or security forces. This article suggests the move may be an attempt to censor young political opponents; the left wing are making their voices particularly heard on this platform, and many are joining forces against Trump.

On July 31, President Trump announcedthat he was considering banning the social media app, TikTok. TikTok is a video-sharing platform owned by the Chinese technology company, ByteDance. He cited national security concerns for the reason of the executive order. However, Trump’s action is likely misdirected, and unconstitutional. 

Trump’s executive order to ban TikTok is based on the idea that TikTok could be used for espionage or censorship. According to Brookings, Trump wants to ban TikTok because he fears that the app’s parent company, ByteDance, may allow the Chinese government to access American users’ data to spy or blackmail citizens. He is also concerned that the app may be used to censor political speech or distribute misinformation. However, the ban on TikTok is not based on traditional issues of national security, such as infiltration of United States’ intelligence systems or targeting the nation’s infrastructure or government. This implies that Trump’s reasons for banning TikTok may not be related to national security. Considering the current political and economic situation between the United States and China, Trump may be targeting TikTok to establish control over the app by forcing the app to sell its assets within 90 days after the executive order. The president’s fearmongering may be a response to young users’ opposition to his campaign.

Many TikTok users have organized to harm Trump’s campaign for reelection. In June, several TikTokers mobilized to buy tickets to Trump’s rally in Tulsa with no intention of going. While Trump expected a massive turnout, he was met with hundreds of vacant seats.  In the same article by the New York Times, “TikTok users have also waged coordinated campaigns to rate Mr. Trump’s businesses poorly on Google, to spam online surveys aimed at Trump supporters with useless information and to damage the Trump campaign’s e-commerce store by collecting in their shopping baskets items they never intend to buy.” TikTok’s main user demographic consists of young people, such as millennials and Generation Z, many of whom have been outspoken about the offenses made by the Trump administration. Teenagers and young adults have been using the app to distribute information and organize action. These unified attempts to ruin Trump’s optics may lead him to attempt to ban the app, causing his young political dissenters to scatter. Despite Trump’s attacks, TikTok is not making any preparations to leave the American market.  On August 7th, TikTok responded to Trump’s executive order by stating plans to sue the administration for an unconstitutional violation of due process rights. In their statement, they clarified that TikTok does not share user data with the Chinese government or engage in censorship. TikTok has been trying to contact the American government to solve Trump’s concerns, but the administration would not listen to them, did not go through the proper litigation process, and tried to interfere with their private business negotiations, which they held to comply with the president’s order to sell the app and its assets to an American company. TikTok was unfairly unable to legally represent themselves against the president’s claims against their company and says that the executive order threatens global businesses’ confidence in the United States’ constitutional boundaries. Additionally, the executive order may be unconstitutional, because of the method the president used to enact it. Trump is using the International Emergency Economic Powers Act (IEEPA)to ban TikTok. This law allows the president to get involved with economic markets to take action against emergency national security concerns. However, because Trump’s concerns are not rooted in conventional national security worries, Trump’s executive order could be considered unconstitutional, as he is expanding the government’s power to overstep on TikTok’s rights. Because of both the violation of TikTok’s due process rights and the overbearing use of government power, Trump’s TikTok ban should be considered unconstitutional and revoked. 

credit: Business Insider