Saving TikTok While Protecting National Security

SI-generated grade · five published checks · not individually reviewed by a person · methodology

The order executes a law passed by Congress to resolve a foreign control risk through sale to United States control, continued service, and security safeguards, without banning speech, seizing property, or claiming power beyond the statute.

• ✓ Passes · Enumerated powers
  The President acts under express statutory authority in Public Law 118-50 Div. H, sections 2(a), 2(c) and 2(g), which directs an interagency determination of qualified divestiture. This rests on Article II, Section 1 vesting of executive power and Article II, Section 3 duty to take care that laws be faithfully executed, and on Congress exercising Article I, Section 8, Clause 3 regulation of foreig…
• ✓ Passes · Bill of Rights
  The order preserves rather than restricts expression under the First Amendment. It determines that TikTok, Lemon8 and CapCut may continue operating for about 170 million users, creators and businesses after a qualified divestiture, instead of facing prohibition under Public Law 118-50 Div. H. No ban on speech, press, assembly, petition or religion is imposed, no search or seizure under the Fourth …
• ✓ Passes · Individual sovereignty
  The order expands individual choice by keeping the platforms available for viewing, creating, advertising and earning a livelihood, subject only to ownership, data storage and security monitoring conditions justified by documented foreign adversary control concerns. No person is barred from speaking, worshiping, working, owning property or holding beliefs. The burden test is met because the govern…
• ✓ Passes · Decentralization
  Control of a foreign adversary application and review of cross-border data flows cannot be handled by an individual, family, county or single state, because no lower level can compel divestiture, audit algorithms, or secure nationwide data storage in a cloud run by an American company. Article II executive power combined with a federal statute addresses an inherently national foreign affairs and i…
• ✓ Passes · Due process and takings
  No fines, imprisonment, seizure or transfer of property without process occurs. The Fifth Amendment due process and Takings Clause are satisfied because the order follows the procedures set by statute: notice through Executive Orders 14166, 14258, 14310 and 14350, interagency review led by the Vice President with Treasury, Justice, Commerce, National Security Council, Office of Science and Technol…

Sources: Federal Register: Executive Order 14352