President-elect Donald Trump has petitioned the US Supreme Court to delay the enforcement of a TikTok ban until his administration can address the matter through political negotiations. The request, submitted on Friday, comes amid a legal battle between TikTok and the Biden administration over a law that could see the platform banned by January 19, 2025.
Trump’s amicus brief
In an amicus brief filed on his behalf, Trump requested the Supreme Court to consider pausing the enforcement of the law’s divestment deadline. Written by D. John Sauer, Trump’s choice for solicitor general, the brief stated:
“President Trump takes no position on the underlying merits of this dispute. Instead, he respectfully requests that the Court consider staying the Act’s deadline for divestment… while it considers the merits of this case.”
Trump’s brief emphasised the need for his incoming administration to explore a political solution rather than rushing into potentially divisive legal actions.
A shift in Trump’s TikTok stance
Trump’s stance on TikTok marks a notable reversal. During his first term, he attempted to ban the app, citing national security concerns over its ties to Chinese parent company ByteDance. However, his approach changed during his 2024 presidential campaign, where his team leveraged TikTok to engage younger voters, particularly through viral, male-oriented content.
Despite acknowledging the platform’s popularity, Trump has maintained that its connections to China pose a security risk. However, he has publicly opposed an outright ban, favouring negotiation and potential safeguards instead.
Legal dispute intensifies
The case hinges on a law signed by President Joe Biden in April 2024, which mandates TikTok’s divestment from ByteDance or a complete ban on its operations in the US. The legislation passed with bipartisan support, reflecting widespread concern over potential risks linked to China’s influence on the app.
TikTok and ByteDance challenged the law in court, arguing that it violates the First Amendment by unlawfully restricting free speech. Earlier this month, the US Court of Appeals for the District of Columbia Circuit upheld the statute, prompting TikTok to appeal to the Supreme Court.
TikTok’s legal team argued in their brief that the appeals court erred in its ruling, asserting that the fears about China’s influence on TikTok’s US operations are speculative.
“The government concedes that it has no evidence China has ever attempted to exploit TikTok in this manner,” the filing stated, dismissing the alleged risks as hypothetical.
Biden administration’s position
The Biden administration has defended the legislation, asserting that TikTok’s integration with ByteDance presents a national security risk. Officials argue that Chinese authorities could compel ByteDance to provide sensitive data on US users or manipulate the platform’s content for strategic purposes.
Despite these concerns, the government has admitted that no concrete evidence exists to suggest such actions have occurred. However, officials maintain that TikTok’s reliance on ByteDance’s proprietary technology, developed and maintained in China, inherently carries risks.
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Oral arguments scheduled
The Supreme Court is set to hear oral arguments on January 10, which will determine whether the law infringes on constitutional rights. This ruling will have significant implications for TikTok’s future in the US and the broader debate over data security and freedom of expression.
Trump’s broader influence
Trump’s intervention in the TikTok case is part of a larger pattern of pre-emptive involvement in national and international matters. While still president-elect, he has engaged in negotiations with foreign leaders, business officials, and policymakers at his Mar-a-Lago resort in Florida.
Notably, he has already influenced debates over tariffs and federal funding, urging Republicans to reconsider bipartisan agreements. His meeting last week with TikTok CEO Shou Chew further underscores his intent to navigate high-profile issues even before assuming office.
Conclusion
Trump’s appeal to the Supreme Court reflects a pragmatic approach to resolving the TikTok controversy through diplomacy rather than legal enforcement. As the incoming administration prepares to take office, the decision by the court will shape the trajectory of this high-stakes dispute and set the tone for Trump’s handling of tech policy and national security challenges.
All eyes will now turn to the Supreme Court’s upcoming deliberations, as the battle over TikTok’s future continues to captivate both the political and public spheres.
