Lawmakers Seek to Repeal TikTok Ban as Debate Over Free Speech and National Security Deepens

WASHINGTON D.C. — Representative Ro Khanna (D-CA), alongside Senators Ed Markey (D-MA) and Rand Paul (R-KY), introduced the Repeal the TikTok Ban Act this week, aiming to overturn the Protecting Americans from Foreign Adversary Controlled Applications Act, the law enabling the TikTok ban. The bipartisan effort, spurred by concerns about free speech and economic impact, comes amidst fresh scrutiny over past executive actions tied to the controversy.

In a speech earlier, former President Donald Trump defended his administration’s handling of TikTok, revealing that he had signed an executive order delaying enforcement of the ban by 75 days. The order directed the Attorney General to refrain from enforcing penalties under the law, which was affirmed as constitutional by the Supreme Court. Trump justified the delay as necessary to evaluate national security implications and negotiate a potential deal to allow TikTok to continue operating in the United States.

“The attorney general cannot enforce penalties on TikTok during this period,” Trump said. He also noted the order barred retroactive enforcement of penalties against companies doing business with TikTok during the delay. Trump floated a controversial proposal that would see the U.S. government claim 50% ownership of TikTok as a "negotiating fee."

“If I do the deal for the United States, then I think we should get half,” Trump remarked, suggesting that such a deal could generate significant revenue while addressing security concerns. Critics, however, have questioned the legality and practicality of such a move.

Meanwhile, Khanna and his Senate allies argue that the original ban targeted TikTok not for security reasons but to suppress free speech. “This app had a lot of views from young people critical of the war in Gaza, reproductive rights, and other issues that made people uncomfortable,” Khanna said. “It became a platform for free speech, and I think that’s what galvanized the push to ban it.”

Senator Rand Paul expressed strong support for repealing the ban, warning of its implications for broader free speech rights. “A government that can ban an app can ban a book. A government that can silence a platform can silence a person. Today it’s TikTok. Tomorrow it’s your news. Next week it’s your voice,” Paul said.

Despite bipartisan backing for the repeal effort, its prospects remain uncertain in the Republican-controlled Congress, where national security concerns dominate the discussion. Representative John Smith (R-TX) reaffirmed his support for the ban, stating, “The worst part is that this data is accessible to engineers based in China and the Chinese Communist Party. There is no special First Amendment carve-out for communists.”

Khanna countered by drawing parallels to historical overreach, including Japanese American internment during World War II and McCarthy-era anti-communist purges. “Just because there’s bipartisan consensus doesn’t mean it’s right,” he said.

The TikTok ban, passed with broad bipartisan support, has withstood legal challenges, including a unanimous Supreme Court decision affirming its constitutionality. Yet, Khanna, Paul, and Markey contend that safeguarding free speech and the livelihoods of millions of creators outweighs security concerns.

As the debate continues, Khanna has gathered over one million signatures on a petition advocating for the repeal. “This isn’t just about an app; it’s about the free speech rights of 170 million Americans and the livelihoods of millions of creators,” he said.

Whether the repeal bill will gain traction remains to be seen. For now, the controversy surrounding TikTok serves as a flashpoint in the broader conversation about balancing national security, free speech, and government oversight in the digital age.