President-elect Donald Trump has formally requested the Supreme Court to delay the enforcement of a law that could ban TikTok in the United States, arguing that more time is needed for a political resolution to the issue.
The request follows opposing court briefs filed by TikTok and the Biden administration. TikTok has asked the Court to strike down the law, arguing it violates the First Amendment, while the Biden administration defends the statute as a necessary measure to mitigate national security risks tied to the app’s ties to China.
TikTok’s Legal Challenge
The controversy centers on a law signed by President Joe Biden in April 2024, which requires TikTok to sever ties with its China-based parent company ByteDance or face a ban. The law passed Congress with bipartisan support, reflecting widespread concern over potential data and influence vulnerabilities associated with the app.
TikTok, in its Supreme Court filing, challenged a federal appeals court ruling that upheld the law. The company contends that the decision is based on speculative risks that China might pressure ByteDance to share user data or manipulate content.
“Government fears are based on hypothetical future scenarios rather than concrete evidence of misconduct,” TikTok’s attorneys stated in their brief.
National Security Concerns
The Biden administration maintains that TikTok’s integration with ByteDance and reliance on Chinese-developed technology pose an inherent risk. Officials argue that China could compel ByteDance to exploit TikTok for espionage or propaganda, though they acknowledged in court filings that no evidence exists of such actions to date.
“TikTok’s corporate structure presents a national security vulnerability, even if those risks have not yet materialized,” the government brief asserted.
Trump’s Position and Political Maneuvering
President-elect Trump, who has reversed his stance on TikTok after previously attempting to ban the app during his first term, now opposes its prohibition. His legal filing requests the Court to stay the January 19, 2025, divestment deadline, allowing time for broader deliberations.
Trump’s team effectively used TikTok during his 2024 campaign to connect with younger voters, leveraging the platform’s potential for viral outreach. Despite acknowledging potential risks, Trump has stated his preference for regulating TikTok rather than banning it outright.
Broader Implications
The case underscores ongoing tensions between the U.S. and China over technology and data security. It also highlights Trump’s proactive engagement with major policy issues ahead of his inauguration.
Oral arguments are set for January 10, and the outcome could shape the future of TikTok in the United States while setting precedents for how the government addresses foreign-owned tech platforms.
