Rand Paul says TikTok ban violates First Amendment: ‘Based on accusations’

Sen. Rand Paul (R-Ky.) criticized the looming TikTok ban as a violation of the First Amendment, arguing that it's based on accusations, a day after the Supreme Court opted to uphold the law that will force the app to go dark unless it's China-based parent company sells it.

“I do believe that banning a social media app like TikTok is a violation of the First Amendment,” Paul told reporters on Friday, adding that he is “disappointed” by the ruling.

The nation's high court on Friday sided with the Biden administration days before President-elect Trump’s inauguration, finding the divest-or-ban law does not violate the First Amendment and teeing up a ban set to take effect Sunday.

“One hundred seventy million Americans express themselves on TikTok on a daily basis, and it’s just wrong for the government to ban it," Paul continued. "Most of the reasons the government banned it were based on accusations, not proof."

“They’ve never been tried and found guilty of sharing information with the communist government or any of that," he added.

The Kentucky Republican also noted that President Biden “left the door open” for Trump to act and that he is “hopeful” Trump can do something. The White House on Friday said the TikTok ban will fall to the Trump administration, when the president-elect is sworn in on Monday, and Trump said he would weigh the future of the app when he’s in office.

Biden signed the bipartisan bill passed by Congress last April, which gave TikTok’s parent company ByteDance 270 days to divest from the app or face a ban from U.S. app stores. The company said it intends to "go dark" on Jan. 19, unless the president steps in.

Like Paul, Trump has in the past year become an outspoken fan of TikTok, citing his popularity on the app during his campaign.

Trump signed an executive order in 2020, during his first term, effectively banning the app over data privacy concerns because of its Chinese parent company. Now, some of the president-elect's top advisers in recent days said he will act upon taking office next week to preserve access to the video-sharing platform while addressing data privacy concerns.

TikTok CEO Shou Zi Chew, who has thanked Trump for his effort to preserve the app in the U.S., will attend the inauguration and sit on the dais with other tech leaders.

Other Republicans have cited concerns about the national security implications of Americans using the app, like Sen. Tom Cotton, (R-Ark.). Cotton said Friday in a post on social platform X that the Supreme Court was right to reject TikTok and called the app a communist spy app.

Topics

TikTok ban will be first test for Trump as dealmaker-in-chief

The new law will land in the incoming president's lap – but it's also a political opportunity, writes Anthony Zurcher.
BBC News - 1d
Rand Paul: Kristi Noem will help restore DHS ‘transparency and accountability’

Sen. Rand Paul, R-Ky., delivered his opening statement at the confirmation hearing for Gov. Kristi Noem to serve as the head as the Department of Homeland Security. Paul knocked the department's ...
NBC News - 1d
Biden will not enforce ban on TikTok, officials say

With days to go until a ban on TikTok is set to take effect in the United States, President Joe Biden is not expected to enforce the potential fines, according to two administration officials. ...
NBC News - 1d
Trump will 'put measures in place' to stop TikTok ban, top adviser says

Incoming National Security Adviser Mike Waltz says the law allows a 90-day grace period for the app's Chinese owner.
BBC News - 2d
TikTok Says U.S. Employees Will Have Jobs Even if the App Is Banned

The company is awaiting a decision over the constitutionality of a new law that aims to force a sale of the app to a non-Chinese owner under the threat of a ban.
The New York Times - 3d
Sen. Mark Kelly says TikTok ban "was the right decision"

As the Supreme Court weighs the legality of the TikTok ban, Sen. Mark Kelly tells "Face the Nation with Margaret Brennan" that "I know this is controversial. I know folks earn a living on TikTok," ...
CBS News - 6d
The TikTok Ban Would Be Social Media’s First Extinction-Level Event

TikTok transformed everyday users into influencers and made entrepreneurs rich via its Shop feature. With the US ban looming, they could lose everything—and many don’t know where to go next.
Wired - Jan. 10
A TikTok Ban Looms. Creators Say They'll Believe It When They See It.

Status-quo videos are still proliferating on the Chinese-owned app. Madison Avenue remains upbeat just weeks before the potential U.S. ban.
The Wall Street Journal - Jan. 2