President-elect Donald Trump has urged the Supreme Court to delay a ban on TikTok, set to take effect on January 19. His legal team filed a friend-of-the-court brief requesting the justices pause the ban. This would give the incoming administration time to negotiate a deal to keep TikTok running in the U.S.
The ban on TikTok, supported by both parties, was sparked by concerns that the platform could threaten national security. Critics accuse TikTok of collecting data on Americans, raising fears of Chinese influence. Congress passed a law in April that includes a TikTok ban unless the platform is sold from its parent company, ByteDance.
The legislation gave TikTok 270 days to comply, with an additional 90 days if the Biden administration believes ByteDance is making progress toward a sale. In response, TikTok sued, claiming the ban violates the First Amendment.
Trump’s legal team argues that the Court should delay the ban to allow his administration to negotiate a resolution. They stress that the TikTok shutdown would affect millions of Americans’ First Amendment rights. The Trump team wants to preserve those rights while addressing national security concerns.
The brief also warns about setting a dangerous global precedent. The Trump team points to Brazil’s temporary ban on X as an example of how other nations could follow suit. “The First Amendment implications of the federal government’s effective shuttering of a social media platform used by 170 million Americans are sweeping and troubling,” the brief says.
The incoming Trump administration is clashing with the Biden administration over this issue. Biden officials argue that TikTok’s Chinese ownership poses a direct national security threat. Republicans in Congress also support the ban, emphasizing the dangers of Chinese control.
The Department of Justice has voiced concerns about TikTok’s data collection. They argue that the Chinese government could use this data for espionage or blackmail. The DOJ warns that China could manipulate TikTok to advance its own geopolitical interests, spreading discord and disinformation.
This case highlights the ongoing debate between national security and free speech. As the January 19 deadline approaches, both sides continue to make their arguments in court. The future of TikTok in the U.S. hangs in the balance.