President-elect Donald Trump recently requested that the Supreme Court delay any potential ban on TikTok until his administration can pursue a political resolution to the matter.
This plea comes as TikTok, along with the Biden administration, presented opposing arguments to the court regarding the ongoing debate on the platform’s future. TikTok contends that a law threatening to ban it by January 19 should be invalidated, while the government stresses the need for the statute to mitigate national security concerns.
In Trump’s amicus brief, prepared by D. John Sauer, his nominee for solicitor general, he stated that while he takes no stance on the core issues of the case, he respectfully requests a stay on the Act’s divestment deadline.
This development exemplifies Trump’s engagement with significant national issues even before his official inauguration. The Republican president-elect has already started negotiations with various nations concerning his plans for tariffs and recently intervened in discussions about funding for the federal government, advocating for a bipartisan approach.
As he builds his administration, Trump has been meeting with foreign dignitaries and business leaders at his Mar-a-Lago resort in Florida, including a recent discussion with TikTok’s CEO, Shou Chew.
Notably, Trump has shifted his stance on TikTok. During his previous term, he sought to ban the app due to national security fears, but he has since incorporated TikTok into his 2024 campaign strategy, utilizing it to reach younger audiences, particularly targeting male voters with engaging, often virile content.
Earlier this year, Trump expressed a belief in the ongoing national security threats posed by TikTok but also voiced his opposition to an outright ban on the platform.
The briefs filed ahead of oral arguments set for January 10 will address whether the law requiring TikTok to separate from its China-based parent company or face a ban violates the First Amendment by unlawfully restricting speech. This law, which was signed by President Joe Biden in April, received significant bipartisan backing during its passage through Congress. Following its enactment, TikTok and its parent company, ByteDance, initiated a legal challenge.
A federal appeals court recently upheld the law, prompting TikTok to escalate the case to the Supreme Court. Trump’s brief indicated his disapproval of a TikTok ban at this time, advocating for the opportunity to resolve the matter politically once he assumes office.
TikTok and ByteDance’s legal representatives argued in their Supreme Court brief that the federal appeals court made a mistake in its ruling by relying on speculative “risks” that the Chinese government could exert control over TikTok through its foreign affiliates.
Conversely, the Biden administration maintains that TikTok poses a national security threat due to its ties with China and argues that Chinese authorities could potentially compel ByteDance to share information about U.S. users or manipulate the platform to influence the dissemination of information.
However, TikTok’s legal filing points out that the government admits there is no concrete evidence that such actions have ever been attempted by China, indicating that the fears are based on hypothetical risks.
In their recent filing, the Biden administration asserted that TikTok’s integration with ByteDance and reliance on its proprietary technology, which is developed and managed in China, creates inherent risks linked to its corporate structure.
