The article discusses the recent lifting of TikTok's temporary ban in the U.S. amid ongoing concerns about national security. It argues that former President Trump can bypass the congressional law designed to ban TikTok through prosecutorial discretion, allowing companies to distribute the app without fear of fines. The Protecting Americans from Foreign Adversary Controlled Applications Act (PAFACA) aimed to force the sale of TikTok's parent company to a U.S. entity, but Trump’s approach creates a gap in enforcement, with implications for First Amendment rights and corporate practices related to foreign-owned apps.
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.
The statute, which we'll call PAFACA, was designed to force TikTok's Chinese parent company, ByteDance Ltd., to sell the app to a U.S. purchaser.
Trump proposes freeing Big Tech from the potential fines, at least for now; companies that have distributed or maintained TikTok before are safely harbored if they resume.
Because of prosecutorial discretion, the all-but-unreviewable freedom of the Oval Office's occupant to decide which laws to enforce, when, and how.
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