Janice R. Andrews
In a surprising move, President-elect Donald Trump has urged the U.S. Supreme Court to postpone enforcing a law that could lead to a TikTok ban unless its Chinese parent company, ByteDance, sells the app. This appeal comes just before Trump’s January 20 inauguration, marking a shift from his earlier stance against the platform during his first term.
The Ongoing Legal Challenge
Trump has long been critical of TikTok, raising concerns about national security risks. He claimed the Chinese government could access data from U.S. users or influence content on the app.
These fears were shared by lawmakers from both parties, leading Trump to advocate for a U.S. company to acquire TikTok. His successor, President Joe Biden, took a stronger stance, signing a law that would ban TikTok if ByteDance remains the owner.
In his recent Supreme Court filing, Trump’s legal team requested that the court delay the January 19, 2025, divestment deadline, arguing that the case is complex and requires additional time to resolve. They want the opportunity to address the issue politically.
Trump’s Changing View on TikTok
Trump’s position on TikTok has softened in recent months. At a press conference, he expressed a new appreciation for the app, calling it a necessary competitor to platforms like Facebook and Instagram, which are owned by Meta, led by Mark Zuckerberg.
“I’m for TikTok because it provides competition,” Trump explained to Bloomberg. This statement follows a meeting with TikTok CEO Shou Zi Chew at Trump’s Mar-a-Lago resort earlier this month.
This shift contrasts with Trump’s earlier policy, which pushed for TikTok to be sold due to concerns about Chinese influence. His change of heart may also be influenced by his own history with social media, having faced bans from major platforms after the January 6, 2021, Capitol riot, though those bans have since been lifted.
Free Speech Concerns
The case against TikTok has raised significant free speech issues. The app argues that the Protecting Americans from Foreign Adversary Controlled Applications Act infringes on its First Amendment rights.
A coalition of free speech organizations, including the American Civil Liberties Union, has filed briefs opposing the law. They argue that banning TikTok would disrupt Americans’ ability to engage with diverse content and online communities.
“This ban would be unprecedented and lead to far-reaching consequences for free speech,” the coalition stated in its brief.
Supreme Court’s Upcoming Decision
The Supreme Court has agreed to review TikTok’s appeal, with oral arguments scheduled for January 10. The tight timeline presents challenges, as the case will need to be resolved quickly to meet the January 19 deadline.
Trump’s legal team has asked the court to delay the deadline, allowing his incoming administration time to work on a political resolution. “President Trump takes no position on the case’s underlying issues,” said his lawyer, John Sauer. “He simply requests a delay in the deadline to allow for a political solution.”
Impact on TikTok and Its Users
TikTok’s massive popularity, especially among young users, has made it a target of concern regarding data security and political influence. ByteDance has denied claims that the Chinese government has access to user data or uses the app for propaganda.
The outcome of the Supreme Court case could influence how the U.S. handles foreign-owned apps in the future, balancing security concerns with free speech rights and market competition.
Conclusion
Trump’s request to delay the TikTok ban underscores the complexity of the legal and political debate surrounding the app. The Supreme Court’s decision could set a precedent that shapes the future of TikTok and similar platforms in the U.S.
With policymakers, tech companies, and millions of TikTok users watching closely, the resolution of this case will have broad implications for free speech, national security, and the digital landscape.
