January 21, 2025

President Trump's Executive Order Halts TikTok Ban

Holland & Knight Alert
Antonia I. Tzinova | Andrew K. McAllister | Jingwen Xing | Sophie Jin

Highlights

  • Shortly after his inauguration, President Donald Trump issued an Executive Order granting the TikTok app a 75-day reprieve from its nationwide ban, instructing the U.S. Attorney General to pause enforcement actions under the Protecting Americans from Foreign Adversary Controlled Applications Act (Act) against TikTok's providers.
  • The Act was signed into law in April 2024 and went into effect on Jan. 19, 2025, withstanding a First Amendment test having been unanimously supported by the U.S. Supreme Court in a decision published on Jan. 17, 2025.
  • The order directs the Attorney General and U.S. Department of Justice to refrain from enforcing the Act or imposing penalties during the 75-day period, including actions related to the distribution, maintenance or updating of foreign adversary-controlled applications such as TikTok. The suspension period runs until April 5, 2025.

President Donald Trump on Jan. 20, 2025, signed an Executive Order (E.O.), Application of Protecting Americans from Foreign Adversary Controlled Applications to TikTok, halting the recently issued ban on the TikTok app (Act) as one of his first actions after taking office. The E.O. grants TikTok a 75-day reprieve from a ban that took effect on Jan. 19, 2025. (See Holland & Knight's previous alert, "U.S. Supreme Court Upholds TikTok Sale-or-Ban Law," Jan. 17, 2025.)

Specifically, the order directs the Attorney General and U.S. Department of Justice (DOJ) to refrain from enforcing the Act or imposing penalties during this 75-day period, including actions related to the distribution, maintenance or updating of foreign adversary-controlled applications such as TikTok. The suspension period runs until April 5, 2025. The Attorney General is further instructed to ensure that no entity is held liable for conduct during this suspension period or prior to the issuance of this order. Additionally, relevant providers will receive letters from the Attorney General and DOJ affirming that there has been no statutory violation or liability for actions during the specified periods.

Though the E.O. aims to prevent an immediate shutdown of TikTok, it does not eliminate the divestiture requirement imposed on the platform under the Act. The order explicitly states that its implementation must align with existing law and does not create enforceable rights or benefits for any party. The sole outcome of the E.O. is a 75-day pause during which enforcement actions and penalties under the Act are prohibited.

Whether this order alone can effectively delay the ban remains uncertain. The Act itself does not provide clear authority for the president to extend deadlines or compliance timelines, raising questions about the E.O.'s legal foundation. Its effectiveness may depend on interpretations of executive authority and could face legal challenges.

For further insights on the TikTok ban's implication or guidance on navigating these complex regulatory landscapes, please contact the authors or another member of Holland & Knight's International Trade Group or Data Strategy, Security & Privacy Team.


Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.


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