On Friday, President-elect Donald Trump requested that the Supreme Court postpone any potential ban on TikTok until his administration can pursue a “political resolution” regarding the issue.
This request comes as TikTok and the Biden administration filed contrasting briefs with the court. TikTok urged the court to reject a law that could result in the platform being banned by January 19, while the government defended the statute, asserting its necessity to address national security risks.
Trump’s amicus brief stated, “President Trump does not take a position on the fundamental issues of this case. Rather, he respectfully requests that the Court consider delaying the Act’s divestment deadline of January 19, 2025, as it evaluates the merits of this case.” This brief, which does not align with either party, was authored by D. John Sauer, Trump’s appointee for solicitor general.
This legal maneuver showcases Trump’s ongoing involvement in national issues even before taking office. The Republican president-elect has already begun engaging with other countries about his tariff strategies and has recently participated in discussions about federal government funding, advocating for a bipartisan solution instead of accepting the current proposal.
While forming his administration, Trump has been meeting with foreign leaders and business executives at his Mar-a-Lago resort, including a recent conversation with TikTok CEO Shou Chew.
Interestingly, Trump’s perspective on TikTok has evolved; he had previously sought to ban the app during his first term due to national security concerns. In his 2024 presidential campaign, he began utilizing TikTok to connect with younger voters, particularly young men, by sharing engaging content aimed at going viral.
Earlier this year, Trump acknowledged that he still perceives potential national security threats associated with TikTok but expressed opposition to an outright prohibition of the app.
These recent legal filings come ahead of oral arguments scheduled for January 10, which will explore whether the law demanding TikTok to divest from its Chinese parent company infringes on the First Amendment by unlawfully limiting free speech. This legislation was introduced by President Joe Biden in April, following strong bipartisan support in Congress, leading TikTok and ByteDance to challenge it in court.
A panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit recently upheld the statute unanimously, prompting TikTok to escalate its appeal to the Supreme Court.
Trump’s brief indicated his reluctance to support a TikTok ban at this time, expressing a desire to address the issues through political dialogue once he takes office.
In their Supreme Court filing, attorneys for TikTok and ByteDance argued that the federal appeals court erred in its decision, which was based on hypothetical risks regarding potential Chinese influence over TikTok’s U.S. operations through foreign pressure.
The Biden administration has contended in court that TikTok poses a national security risk due to its connections to China, claiming that Chinese authorities could compel ByteDance to share information about U.S. TikTok users or manipulate the platform for propaganda purposes.
However, TikTok’s legal team emphasized that the government has no evidence of any previous attempts by China to exert such control, stressing that U.S. concerns are based on speculative future threats.
In its filing on Friday, the Biden administration noted that TikTok’s operations, in conjunction with ByteDance and its reliance on proprietary technology developed in China, inherently pose risks due to its corporate structure.
