Washington, D.C. — President-elect Donald Trump has formally requested the Supreme Court to delay the implementation of a potential TikTok ban, arguing that his administration needs time to pursue a “political resolution” to the issue.
The request was submitted on Friday as TikTok and the Biden administration presented opposing briefs to the court. TikTok called on the justices to strike down a law that could result in the platform’s ban by January 19, 2025, while the Biden administration defended the statute, citing national security concerns.
Trump, who filed an amicus brief in the case, maintained a neutral position on the legal dispute. However, he urged the court to extend the deadline for TikTok to divest from its China-based parent company, ByteDance, to allow for a negotiated solution after he assumes office.
“President Trump takes no position on the underlying merits of this dispute,” the brief stated. “Instead, he respectfully requests that the Court consider staying the Act’s deadline for divestment of January 19, 2025, while it considers the merits of this case.”
The filing marks Trump’s latest intervention in a major national issue before his inauguration. The Republican president-elect has been actively engaging with foreign leaders and business figures at his Mar-a-Lago resort in Florida while assembling his administration. Last week, he met with TikTok CEO Shou Chew to discuss the platform’s future.
Trump’s position on TikTok has evolved. During his first term, he attempted to ban the app over national security concerns, but his stance shifted during his 2024 presidential campaign when he joined TikTok to connect with younger voters. His campaign effectively used the platform to share viral, often macho-themed content aimed at engaging male audiences.
Despite his opposition to banning the app outright, Trump has reiterated that he still sees potential national security risks with TikTok.
TikTok and ByteDance are challenging a law signed by President Joe Biden in April, which mandates TikTok’s divestment from ByteDance or a U.S. ban. The statute was upheld earlier this month by the U.S. Court of Appeals for the District of Columbia Circuit, prompting TikTok to appeal to the Supreme Court.
The oral arguments, scheduled for January 10, will address whether the law unlawfully restricts free speech under the First Amendment. TikTok’s legal team argues the statute is based on speculative risks that China could influence TikTok’s U.S. operations through ByteDance, despite no evidence of such interference.
“The government concedes that it has no evidence China has ever attempted to do so,” TikTok’s brief stated, adding that the fears are “predicated on future risks.”
The Biden administration has defended the law, emphasizing that TikTok’s integration with ByteDance and reliance on proprietary technology developed in China pose inherent risks. Officials argue that Chinese authorities could compel ByteDance to provide data on U.S. users or manipulate content on the platform.
However, TikTok maintains that the government’s concerns are unfounded and that a forced divestment would harm its operations and violate free speech protections.
With the Supreme Court set to hear arguments in January, the fate of TikTok in the U.S. hangs in the balance. Trump’s plea for a delay signals his intention to address the issue diplomatically after taking office, potentially reshaping the platform’s future in the country.
This ongoing legal battle underscores the broader tensions between the U.S. and China over data security and digital sovereignty, with TikTok caught in the crossfire.
Source: AP