Yes, Trump Can Get Around the TikTok Ban: Stephen L Carter

Jan. 21, 2025, 12:00 PM UTC

As US TikTok users rejoice at the site’s return from its 14-hour hiatus, curmudgeonly critics — me included — wonder whether President Donald Trump can really get around the congressional statute aimed at banning it.

The short answer: Of course, he can.

True, as a legal matter, a president can’t simply suspend the operation of a duly enacted law. As a practical matter, however, Trump will stand in a long line of chief executives who have used prosecutorial discretion to achieve the same end.

From the start, I’ve criticized the wordily named Protecting Americans from Foreign Adversary Controlled Applications Act, which ...

Learn more about Bloomberg Law or Log In to keep reading:

See Breaking News in Context

Bloomberg Law provides trusted coverage of current events enhanced with legal analysis.

Already a subscriber?

Log in to keep reading or access research tools and resources.