Trump Asks Supreme Court to Delay TikTok Ban Amid Legal Battle

Trump Asks Supreme Court to Delay TikTok Ban Amid Legal Battle \ Newslooks \ Washington DC \ Mary Sidiqi \ Evening Edition \ President-elect Donald Trump has petitioned the Supreme Court to delay a potential TikTok ban, requesting time for a “political resolution” after taking office. The case centers on whether TikTok’s ties to its Chinese parent company, ByteDance, pose national security risks. TikTok and the Biden administration presented opposing arguments, with oral hearings set for January.

Trump Calls for Supreme Court Stay on TikTok Ban: Quick Looks

• Petition Details: Trump requested a delay on TikTok’s January 19 divestment deadline to seek political resolution.
• Legal Background: The law requires TikTok to sever ties with ByteDance or face a ban, citing security risks.
• TikTok’s Argument: Claims the law violates the First Amendment and is based on hypothetical security threats.
• Biden Administration’s Stance: Argues TikTok’s connections to ByteDance could allow Chinese influence over U.S. data.
• Trump’s TikTok Shift: Previously sought to ban TikTok but now opposes an outright ban, favoring negotiations.

Deep Look

President-elect Donald Trump has asked the Supreme Court to delay the enforcement of a law that could lead to TikTok being banned in the United States. This petition, filed Friday, marks Trump’s latest effort to intervene in national issues before formally taking office. The request comes as TikTok and the Biden administration remain locked in a legal battle over the platform’s future, with the crux of the dispute revolving around national security concerns and First Amendment implications.

Trump’s Request for a Stay

Trump’s amicus brief, submitted by D. John Sauer, his choice for solicitor general, does not take a position on the merits of the case. Instead, it asks the Supreme Court to stay TikTok’s January 19 divestment deadline, arguing that the incoming administration should be allowed to pursue a “political resolution” to the issue.

“President Trump takes no position on the underlying merits of this dispute,” the brief states. “He respectfully requests that the Court consider staying the Act’s deadline for divestment while it considers the merits of this case.”

The brief indicates that Trump seeks to address TikTok’s national security concerns through negotiations rather than legal enforcement, a notable shift from his previous stance during his first term when he attempted to ban the app outright.

The Legal Case: TikTok vs. Biden Administration

The current law, signed by President Joe Biden in April with bipartisan support, mandates that TikTok divest from its China-based parent company, ByteDance, or face a U.S. ban. TikTok and ByteDance challenged the law, arguing it unlawfully restricts free speech in violation of the First Amendment.

Earlier this month, the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the law, prompting TikTok to appeal to the Supreme Court. The case is scheduled for oral arguments on January 10.

In its brief to the Supreme Court, TikTok argued the appeals court’s ruling relied on speculative risks rather than concrete evidence. “The government concedes that it has no evidence China has ever attempted to exercise control over TikTok’s U.S. platform,” the company said, emphasizing that U.S. fears are based on hypothetical future risks.

Conversely, the Biden administration has maintained that TikTok’s integration with ByteDance and reliance on proprietary technology developed in China present a significant security risk. Officials argue that Chinese authorities could compel ByteDance to hand over U.S. user data or manipulate the platform’s content.

Trump’s Changing Position on TikTok

Trump’s latest move reflects a shift in his approach to TikTok. During his first term, he aggressively pursued a ban on the app, citing similar national security concerns as the Biden administration. However, he later joined TikTok during his 2024 presidential campaign, using the platform to engage younger voters.

While Trump continues to acknowledge potential risks associated with TikTok, he has expressed opposition to an outright ban, favoring a resolution through negotiation. Last week, he reportedly met with TikTok CEO Shou Chew at his Mar-a-Lago resort in Florida to discuss the platform’s future.

Broader Implications for TikTok and National Security

The debate over TikTok represents a larger conversation about national security in the digital age. The Biden administration views the platform’s ties to ByteDance as a vulnerability that could allow Chinese influence in U.S. cyberspace. However, TikTok counters that it operates independently in the U.S. and that fears about Chinese control are unfounded.

This case also comes at a time when the NCAA has raised concerns about the future of content moderation, data protection, and revenue sharing in the broader digital ecosystem.

Trump’s Role in National Issues

Beyond the TikTok case, Trump has been actively involved in national and international affairs ahead of his inauguration. He has intervened in federal budget negotiations, called for a bipartisan spending plan to be rejected, and engaged with foreign leaders on trade policies.

His engagement in the TikTok dispute adds to his pattern of influencing major issues before formally assuming office. By petitioning the Supreme Court to delay TikTok’s potential ban, Trump aims to position his administration as a mediator in resolving the contentious debate.

Looking Ahead

With oral arguments set for January 10, the Supreme Court’s decision on TikTok could have far-reaching implications for U.S.-China relations, digital privacy, and the regulation of foreign-owned tech platforms. Meanwhile, Trump’s intervention underscores his continued influence over national policy and his intent to navigate TikTok’s future through political negotiations.

As the deadline approaches, the legal and political stakes for TikTok, ByteDance, and the U.S. government remain high.

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