The Legal Limits of Presidential Power: Can Trump Ban TikTok After Biden’s Victory?
The recent election has brought renewed questions about the extent of a president's authority to ban social media platforms such as TikTok. With Joe Biden set to become the next president, many wonder if Donald Trump had the legal power to ban TikTok while he was still in office.
Understanding Constitutional Law
According to constitutional law, Congress has the power to regulate and oversee the internet and social media platforms. However, Congress cannot outright ban TikTok or any other social media platform unless it can provide substantial evidence to the contrary. The bill to ban TikTok, which was initiated during the Trump administration, never officially passed into law due to these legal constraints.
Trump's Attempts to Ban TikTok
During his presidency, former President Donald Trump attempted to ban TikTok through executive orders and other means. However, these attempts were largely unsuccessful and were criticized for lacking legal grounds. The ban on TikTok had already been partially lifted by the time Biden entered the White House, as evidenced by the already existing legal and policy directives in place.
Biden and the Federal Government
President Joe Biden has implemented executive orders banning the use of TikTok by nearly 4 million federal government employees on devices owned by government agencies. This restriction includes limited exceptions for law enforcement, national security, and security research purposes. This move underscores the reality that the federal government can implement policies related to social media, but the power to ban such platforms remains within the legislative branch.
Presidential Powers and Limitations
It is crucial to understand that a president, even one who may possess substantial political influence, does not have the unilateral power to ban a widely used platform like TikTok under current constitutional and legal frameworks. The president's authority is subject to strict legal and constitutional limits, particularly when it comes to technological regulations and platform bans.
The Election and Legal Authority
Despite the claims from some quarters, Donald Trump was and still is the legally recognized president until the inauguration in January 2021. Until then, he retains all the powers and responsibilities of the office. The election results stand, and the inauguration will mark the formal transfer of power to President-elect Joe Biden. At this point, Biden has no actual authority as president; he will take office on January 20th, 2021.
Conclusion
The ability to ban a social media platform like TikTok is not within the president's exclusive purview. Both the Trump and Biden administrations have shown that the implementation of such restrictions, if they occur, must align with legal and constitutional standards. Trump's attempts to ban TikTok lacked the necessary legal backing, a fact that has been transparently demonstrated through the evolution of the ban's status.
The ongoing debate around the extent of presidential power serves as a reminder of the need for clear legal frameworks and robust checks and balances in our system of governance. The election results and subsequent events underscore the importance of upholding these principles.