On Friday, President-elect Donald Trump made a request to the Supreme Court to delay the potential ban on TikTok until his administration can work towards a “political resolution” regarding the matter.
This plea comes as TikTok and the Biden administration submitted opposing briefs to the court. TikTok argued that the court should invalidate a law that could lead to the platform’s ban by January 19, while the government maintained that this statute is essential to mitigate national security concerns.
“President Trump does not take a stance on the core issues of this case. Instead, he respectfully asks the Court to consider postponing the Act’s divestment deadline of January 19, 2025, as it reviews the merits of the case,” stated Trump’s amicus brief, which did not support either party and was penned by D. John Sauer, his appointee for solicitor general.
This legal filing reflects Trump’s continued engagement with national matters before officially taking office. The Republican president-elect has already initiated discussions with other nations regarding his tariff plans and recently intervened in federal government funding discussions, advocating for a bipartisan approach rather than accepting an existing proposal.
While assembling his administration, Trump has been meeting with foreign leaders and business executives at his Mar-a-Lago club, including a recent discussion with TikTok CEO Shou Chew.
Interestingly, Trump has shifted his stance on TikTok, having sought to ban the app during his first term over national security fears. During his 2024 presidential campaign, he began using TikTok to engage younger voters, particularly young men, by sharing content designed to go viral.
Earlier this year, Trump expressed that he still sees potential national security issues with TikTok but opposed an outright ban on the platform.
The recent filings are set against the backdrop of upcoming oral arguments on January 10, which will address whether the law requiring TikTok to separate from its parent company in China violates the First Amendment by unlawfully restricting free speech. This law was enacted by President Joe Biden in April after receiving strong bipartisan support in Congress, prompting TikTok and ByteDance to mount a legal challenge.
A panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit recently upheld the statute unanimously, leading TikTok to take its appeal to the Supreme Court.
Trump’s brief indicated his opposition to a TikTok ban at this time, seeking to address the issues through political dialogue once he assumes office.
In their brief submitted to the Supreme Court, attorneys representing TikTok and ByteDance contended that the federal appeals court made an error in its ruling, basing its decision on hypothetical risks regarding potential Chinese control over TikTok’s U.S. operations through foreign pressure.
The Biden administration has argued in court that TikTok represents a national security threat due to its ties to China, asserting that Chinese authorities could compel ByteDance to disclose information about TikTok users in the U.S. or manipulate the platform to influence information dissemination.
However, TikTok’s legal filing points out that the government acknowledges it has no evidence of any past attempts by China to exert such control, highlighting that U.S. concerns are based on speculative future risks.
In its Friday filing, the Biden administration noted that because TikTok operates in conjunction with ByteDance and relies on proprietary technology developed in China, its corporate structure inherently poses risks.
