President-elect Donald Trump has submitted a request to the Supreme Court to postpone the impending ban on TikTok, aiming to allow his incoming administration time to negotiate a resolution that addresses national security concerns while preserving the platform’s availability in the United States.
Background
In April 2024, Congress passed, and President Joe Biden signed, legislation requiring TikTok’s parent company, ByteDance, to divest from the platform due to national security concerns over data collection and potential influence by the Chinese government. The law set a deadline of January 19, 2025, for compliance, with a possible 90-day extension if significant progress toward a sale is demonstrated.
Legal Challenge
TikTok has challenged the legislation, asserting that a ban would infringe upon the First Amendment rights of its approximately 170 million American users. The Supreme Court is scheduled to hear arguments on January 10, 2025.
Trump’s Position
In an amicus brief, Trump’s legal team stated that the President-elect does not take a position on the merits of the dispute but seeks a stay of the statute’s effective date to allow his administration to pursue a negotiated resolution. The brief emphasizes the potential global precedent set by shutting down a social media platform and the importance of balancing national security concerns with free speech rights.
Government’s Argument
The Biden administration maintains that TikTok’s Chinese ownership poses a direct threat to U.S. national security, citing the platform’s extensive data collection and the potential for the Chinese government to exploit this information for espionage or influence operations.
Next Steps
The Supreme Court’s decision on whether to grant the delay will determine if the ban proceeds as scheduled or if the incoming administration will have the opportunity to negotiate a solution that addresses security concerns while keeping TikTok operational in the U.S.