Former President Donald Trump’s legal representation called upon the Supreme Court to put a halt to legislation that dictated TikTok be sold off to a US-based company or face closure dates as imminent as January 19, right on the eve of his inauguration. In a surprising move, the legal team put forth a plea on a Friday, conveying the idea that the upcoming sitting President ought to have the chance to apply political avenues to resolve the issues at hand when the reigns are handed over to him. Interestingly, the briefing paper did not take a stand on the important legal dilemma, which is whether prohibiting access to TikTok for nearly 170 million American users is a direct violation of their First Amendment rights that provide freedom of speech. It must be noted, however, that at this stage, Trump’s stance leans towards not banning TikTok in US borders.
A rather startling development was the Supreme Court conceding to put the case on the docket earlier this month; this came about after a measure, known as the Protecting Americans from Foreign Adversary Controlled Applications Act, passed through Congress with support from both sides of the aisle and was subsequently given the President’s assent by none other than President Joe Biden. This piece of legislation points towards national security as a primary motivator and forces the Chinese company that owns TikTok, ByteDance, to either sell their interest to an American company or face the consequences of a ban. Unsurprisingly, President Trump seems to believe that he alone possesses the ultimate deal-making expertise, the election-driven mandate, and the political resolve to iron out the details and save the platform, all while ensuring national security – something which he also acknowledges as pivotal.
Ahead of the scheduled Supreme Court oral arguments on January 10, legal representatives of TikTok and officials from the Biden administration submitted briefing documents for the court’s consideration. TikTok posited that this legal move from the Congress amounted to a unique attempt at singling out petitioners and taking away their operational rights over one of the most influential platforms for sharing speech, condemning this as an overtly unconstitutional act. They further argued that the government had imposed an end on an excessively large amount of speech, only to present incorrect facts when pressed to provide them.
Paradoxically, the Biden administration held an opposing view, stating that government control over the widely used TikTok platform might help address grave threats to national security that stem from control being concentrated in the hands of the Chinese government. They argued that this platform, accommodating sensitive data of tens of millions of US citizens, could potentially morph into a powerful tool that could be misused for covert operations of foreign influence.
Another note submitted on behalf of the service users acknowledged that the growing geopolitical tension between China and the US is at play, while underscoring that the law, as it is, would lead to the muting of American speeches, flying squarely in the face of traditions, precedents, and the story of our nation. Trump’s approval of the application denotes a shift from his previous stance when he made futile attempts to ban the popular platform during his presidency in 2020, citing national security reasons. Unfortunately for him, his plans were stalled thanks to federal courts.
Despite his overt distaste for the Chinese-controlled app, Trump was not the only political figure to attempt to engage voters and launch his campaign using the popular platform. From a scrutinized analysis, it has been seen that 23 Congressional members who backed the TikTok ban actually maintain verified accounts on the platform. They use their accounts to support their campaigns and defend their dogmas while curating their public image, contradicting their argument that the app is hazardous for American users.
A substantial part of Trump’s altered stance could potentially be explained by his dealings with billionaire and influential donor, Jeff Yass. Yass, through his company, Susquehanna International Group, placed an investment in ByteDance way back in 2012, which has now swelled to nearly $40 billion. Although Yass initially discouraged Trump from running, he later donated generously to his primary opponents. In light of the former president’s electoral popularity and the looming threats to TikTok, Yass played a pivotal role in bringing Trump and other influencers to the discussion table.