National Security Ignored: TikTok’s Free Pass

Smartphone showing social media app icons in a folder.

President Trump’s repeated delays of a constitutionally upheld TikTok ban expose a troubling pattern of executive overreach that undermines Congress’s clear national security mandate and the rule of law itself.

Story Highlights

Congress passed bipartisan law requiring ByteDance to sell TikTok by January 2025, upheld by Supreme Court
Trump has issued three executive extensions totaling 240 days, defying clear legislative intent
Chinese-owned app continues accessing data from 170 million Americans despite national security concerns
Executive branch negotiations with foreign adversary undermine congressional authority on security matters

Congressional Authority Under Attack

The Protecting Americans from Foreign Adversary Controlled Applications Act represents one of the most decisive bipartisan efforts to address foreign threats to American data security. Congress passed this legislation in April 2024 with overwhelming support, giving ByteDance 270 days to divest TikTok or face a complete ban. The Supreme Court validated this approach in January 2025, affirming Congress’s constitutional authority to protect national security from foreign-controlled applications that threaten American privacy and security interests.

Executive Overreach Becomes Pattern

Despite clear legal mandates, President Trump has systematically delayed enforcement through three separate executive orders. The first 75-day extension came on January 20, 2025, followed by another 75-day delay in April, and a third 90-day extension in June. These actions circumvent both legislative intent and judicial validation, creating dangerous precedent where executive preferences override constitutionally sound laws designed to protect American interests from foreign adversaries seeking to exploit our digital infrastructure.

National Security Risks Continue

ByteDance’s Chinese ownership creates direct pathways for Beijing’s intelligence apparatus to access vast databases of American personal information, location data, and behavioral patterns. Congressional investigations have repeatedly documented TikTok’s data-sharing practices with Chinese authorities, while the company’s algorithm serves as a potential propaganda tool targeting American youth. Every day of continued operation under Chinese control represents ongoing threats to both individual privacy and national security, undermining the very protections Congress sought to establish.

Constitutional Separation of Powers at Stake

This standoff reveals fundamental questions about constitutional governance and the balance of powers. Congress exercised its constitutional authority to address national security threats through legitimate legislative processes. The Supreme Court affirmed this authority through constitutional review. Executive delays based on business negotiations with foreign entities effectively nullify both legislative and judicial determinations, creating troubling precedent where international business interests override American security laws and constitutional governance principles.

The resolution of this conflict will determine whether America maintains constitutional governance or allows executive preferences to override clear legal mandates designed to protect national security from foreign adversaries.