A bipartisan bill requiring TikTok to divest from ByteDance sailed through a House committee last week and President Joe Biden said he’d sign it if it passes. But some Senate lawmakers have expressed trepidation about signing it.
Though the bill is widely characterized as a “TikTok ban,” the bill would allot around six months for ByteDance to sell TikTok or else be restricted in U.S. app stores.
Rep. John Curtis, R-Utah, said the bill was “very targeted” and that it wasn’t a ban. “It’s simply an unwillingness to let the Chinese government be in control of this,” Curtis said. “We’re not saying anything about free speech.”
House Speaker Mike Johnson, R-La., has thrown his support behind the bill, Politico reported. “It’s an important bipartisan measure to take on China, our largest geopolitical foe, which is actively undermining our economy and security,” Johnson said.
House Majority Leader Steve Scalise, R-La., said on X he plans on bringing the bill to the floor for a vote this week.
But on “Meet the Press,” Sen. Lindsey Graham, R-S.C., said he didn’t know if he’d vote for the bill. “Banning TikTok, maybe that’s necessary to protect American data from China. But if you can find a way to avoid that, that’d be good, too,” Graham said.
Speaking on the same program, Rep. Adam Schiff, D-Calif., also said he doesn’t know how he will vote. “There are real privacy concerns. There are real security concerns. The question is: is there a way to meet those without banning a whole platform that millions of people like using?”
Senate Majority Chuck Schumer, D-N.Y., said in a statement to The New York Times that he will talk about the bill with other Democrats. “I will listen to their views on the bill and determine the best path.” In the past, Schumer said lawmakers should consider a national ban on TikTok.
Sen. Rand Paul, R-Ky., who has a history of opposing similar social media bills, voiced his opposition to the bill on X.
“The lengths some in Congress will go to for more authority and control over Americans’ freedom of speech never ceases to amaze me. The TikTok bill recently advanced by the House would endanger the 1st amendment and empower the federal govt to ban social media platforms,” Paul posted.
Former Vice President Mike Pence took to X to express his support of the bill. “Congress should pass legislation forcing the sale of TikTok as soon as possible, and President Biden must immediately sign it into law.”
TikTok has voiced opposition to the bill. A spokesperson for the company told the Deseret News in an email, “The government is attempting to strip 170 million Americans of their constitutional right to free expression. This will damage millions of businesses, deny artists an audience and destroy the livelihoods of countless creators across the country.”
In addition to issuing the statement, TikTok sent out notifications to some of its users that allowed them to put their ZIP codes in to call their representative about the bill.
With a strong showing in committee, the bill was poised to pass the House. It’s unclear how former President Donald Trump’s comments will impact Republican support for the bill.
While Trump tried to ban TikTok when he was in office, he told CNBC he had concerns about the bill. “There are a lot of people on TikTok that love it. There are a lot of young kids on TikTok who will go crazy without it,” Trump said.
Trump said he thought there was a security risk when it came to TikTok, but said “I’m not looking to make Facebook double the size.” He added that he thinks “Facebook has been very bad for our country, especially when it comes to elections” and if the TikTok bill is passed, more people would flock to Facebook.
If the bill passes Congress and Biden signs it, it’s possible it could still be challenged.
After some states like California and Utah passed measures around social media, the industry group NetChoice sued the states over the laws. It’s possible a group could raise a suit challenging the bill on First Amendment grounds.
What makes this bill different than other attempts to pass legislation around TikTok is that the bill isn’t an outright ban and the language of the bill doesn’t exclusively apply to TikTok — it gives the executive branch the power to require similar divestures from other apps on the grounds that they pose a national security risk.
While the bill isn’t a ban of TikTok, previous attempts to ban the app on both a federal and state level have failed. The Biden administration reversed course on Trump’s executive order that would have led to the banning of the app. Montana passed a law banning the app, but the courts overturned it.