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55 Vand. J. Transnat'l L. 1145 (2022)
Trump v. TikTok

handle is hein.journals/vantl55 and id is 1191 raw text is: Trump v. TikTok Anupam Chander* ABSTRACT How did a Chinese big tech company beat the president of the United States? When then-President Donald Trump sought to ban TikTok, ostensibly because of its Chinese roots, US courts came to TikTok's rescue. Rather than deferring to the president's claims of a national security emergency justifying the ban, courts held that the president lacked statutory authority to ban TikTok. This Article chronicles the Trump administration's attempt to either ban TikTok or to compel its sale to a very American company, preferably one led by a political ally. The TikTok affair thus demonstrates what Harold Koh calls the National Security Constitution at work-with courts and Congress checking and balancing the president even with respect to foreign relations and national security. TABLE OF CONTENTS I. INTRODUCTION .......................................................1145 II. THE TRUM P BAN.....................................................1148 III. JUDICIAL CHECKS ..................................................1156 IV . A PPRAISAL ..............................................................1161 A. A Threat to National Security?..............1162 B. An Organ of Foreign Propaganda..........1166 C. The Great Firewall of America?............1167 D. The National Security Constitution......1170 E. A Better Way Forward...........................1173 V . C ONCLUSION ..........................................................1175 I. INTRODUCTION On July 31, 2020, with three months to go before the presidential election, then-President Donald Trump announced that the United Scott K. Ginsburg Professor of Law and Technology, Georgetown University; A.B. Harvard University; J.D. Yale Law School. I'm grateful to Skylar Burton, Howard Thorne, Christine Jiha, Gabrielle McLymont, Cole Swaffield, John Webber, Peyton Thomas, Morgan Peck, Rebecca Ehrhardt, Blaine Sanders, Katherine Richardson, Regina Maze, and the other editors of the Vanderbilt Journal of Transnational Law for excellent editing and to Samuil Agranovich for helpful research. The views expressed herein are my own and should not be ascribed to anyone else. 1145

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