In a significant legal move, President-elect Donald Trump has requested the Supreme Court to delay a potential ban on TikTok until his administration can seek a “political resolution” to the ongoing controversy surrounding the platform.
This request surfaced concurrently as TikTok and the Biden administration submitted conflicting briefs to the court. The popular social media platform argues for the rejection of a law that could lead to a ban by January 19, while the government defends the statute as essential to mitigating national security threats.
Trump’s amicus brief indicated that he takes no stance on the core issues at hand but respectfully requests the court to pause the January 19, 2025 deadline for divestment, allowing time for a thorough examination of the case.
This legal maneuver represents Trump’s latest engagement in national matters before officially taking office. The newly elected Republican leader has already begun discussions with various countries regarding his tariff plans and intervened in federal funding negotiations.
Remarkably, Trump has shifted his perspective on TikTok, an app he previously attempted to ban during his first presidential term due to national security concerns. He has embraced the app throughout his 2024 presidential campaign, utilizing it to engage with younger voters through compelling content.
Earlier in the year, Trump acknowledged ongoing national security risks associated with TikTok while simultaneously expressing opposition to an outright ban. Recently, he met with TikTok’s CEO at his Mar-a-Lago estate in Florida.
Trump’s filings precede oral arguments scheduled for January 10 regarding the law mandating TikTok to separate from its China-based parent company or face a ban. This statute, passed with broad bipartisan support and signed into law by President Biden, was subsequently challenged legally by TikTok and ByteDance.
Earlier this month, a unanimous decision from a panel of federal judges upheld the law, prompting TikTok to escalate its challenge to the Supreme Court.
Trump’s brief expressed opposition to banning TikTok at this juncture, asserting the need for political avenues to resolve these issues once he assumes office.
In their Supreme Court brief, TikTok’s attorneys criticized the federal appeals court’s decision, alleging it relied on unfounded assumptions about China’s potential control over TikTok’s U.S. operations through its subsidiaries.
The Biden administration has consistently framed TikTok as a national security threat due to its ties to China, arguing that Chinese authorities could compel ByteDance to disclose information on U.S. users or manipulate the platform for propaganda purposes.
However, TikTok’s legal filing contends the government has failed to provide evidence that China has attempted such actions, highlighting that the concerns are based on speculative future risks.
In response, the Biden administration asserts that TikTok’s integration with ByteDance and its dependence on technology developed in China inherently pose risks.
