US President-elect Donald Trump has requested that the US Supreme Court postpone an impending TikTok ban while he seeks a “political resolution.” His legal team submitted a brief to the court asserting that Trump “opposes banning TikTok” and aims to address the situation through political measures once he takes office.
On January 10, the Supreme Court is scheduled to hear arguments regarding a US law that mandates the Chinese owner of TikTok, ByteDance, to divest the social media platform to an American firm or face a ban effective January 19—just a day before Trump is inaugurated.
Concerns over ByteDance’s alleged connections to the Chinese government prompted US officials and lawmakers to advocate for the ban, which ByteDance firmly denies. These apprehensions led to Congress passing legislation in April, signed into law by President Joe Biden, stipulating the divestiture or ban requirement.
Despite filing numerous legal challenges against the law on the grounds of infringing American free speech rights, TikTok and ByteDance have had limited success. With no prospective buyers emerging, their final recourse lies with the Supreme Court. While the Court previously declined an emergency injunction against the law, it has permitted TikTok, ByteDance, and the US government to present their arguments on January 10—just days before the proposed ban is set to occur.
Trump recently met with TikTok’s CEO at his Mar-a-Lago estate in Florida, discussing the legal issues surrounding the app. In his court submission, Trump characterized the case as one that embodies a complex tension between free speech rights and national security concerns.
While the brief stated that Trump refrains from taking a side in the case’s substantive issues, it emphasized that delaying the January 19 deadline would allow him to pursue a political resolution without litigation.
The US Department of Justice has maintained that the apparent ties between TikTok and the Chinese government represent a national security risk, prompting multiple states to express worries over the popular platform. Nearly two dozen state attorneys general, led by Montana’s Austin Knudsen, are advocating for the Supreme Court to affirm the law requiring ByteDance and TikTok to either divest or face a ban.
Earlier in December, a federal appeals court dismissed an attempt to overturn this legislation, noting it was “the culmination of extensive, bipartisan action by Congress and successive presidents.” Trump has publicly stated his opposition to the TikTok ban, despite having supported a similar initiative during his first presidential term.
In a recent press conference, Trump claimed, “I have a warm spot in my heart for TikTok, because I won youth by 34 points,” although exit polls indicated that a majority of young voters supported his opponent. He further remarked, “There are those that say that TikTok has something to do with that.”
