The president-elect has requested a delay in a ban on the platform in order to negotiate a “political” solution to the issue
US President-elect Donald Trump has requested that the Supreme Court delay the implementation of a law that would ban TikTok unless its Chinese parent company, ByteDance, sell it to a non-Chinese buyer. The app has challenged the legislation, arguing that it infringes on the free speech of more than 170 million Americans who use the app, and unfairly single out the platform.
The law is set to take effect on January 19, 2025–one day before Trump’s inauguration. After the deadline, app stores and internet services in the country are expected to face fines for hosting TikTok if it is not sold.
In a legal brief filed earlier this week, John Sauer, Trump’s incoming Solicitor General, argued that the timing of the ban interferes with the new administration’s ability to address security concerns and negotiate a “political” resolution. Sauer said that Trump views the app as a “unique medium for freedom of expression, including core political speech.” And that the president-elect is wary of the precedent the potential ban might set.
It contrasts with Trump’s first term, when he sought to ban the app outright, also citing similar security concerns.
President-elect Trump even stated during a press conference on December 16 that he has a “warm spot in [his] heart for TikTok” because he claimed he “won youth by 34 points…There are those that say that TikTok has something to do with it.”
The law forcing TikTok to find a new owner within months or be banned was signed by US President Joe Biden in April. It addresses concerns voiced by national security officials in Washington, who cited the alleged influence of the Chinese government through the popular platform. At the time the law was adopted, ByteDance indicated that it had no plans to sell the platform.
The Chinese Foreign Ministry said at the time that a ban would be “an act of bullying” that would backfire on the US. The ministry’s spokesperson at the time, Wang Wenbin, claimed that Washington has never stopped going after TikTok despite the fact that the authorities had failed to find any evidence of how the platform is a threat to national security.
Earlier this month, Trump met with TikTok CEO Shou Zi Chew at his Mar-a-Lago estate in Florida, according to media reports. The details of this meeting have not been made public.
The Supreme Court has agreed to hear TikTok’s appeal, with oral arguments scheduled for January 10, 2025.
