In a surprising reversal of his previous stance on TikTok, President-elect Donald Trump has petitioned the U.S. Supreme Court to delay the enforcement of a law mandating TikTok’s divestment from Chinese ownership. This unexpected move, reported by Fox News, comes as the high court prepares to hear oral arguments on Jan. 10 regarding the law’s constitutionality.
TikTok, owned by ByteDance, a Beijing-based company with known ties to the Chinese Communist Party, has long been a source of national security concerns. Congress passed legislation requiring TikTok to sever its Chinese ties by Jan. 19 or face a complete U.S. ban. Despite previously echoing these security worries, Trump has now sought an extension to allow him time to negotiate a resolution after taking office on Jan. 20.
ByteDance and TikTok had already appealed to the Supreme Court for an emergency review, arguing that the law violates the First Amendment. The companies describe the mandate as an “unprecedented attempt to single out applicants and bar them from operating one of the most significant speech platforms in this nation.”
Trump, for his part, has shifted his tone, expressing a “warm spot” for TikTok and emphasizing the need for a deal that balances Americans’ continued access to the platform with national security priorities.
On Friday, Trump’s legal team submitted an amicus brief to the Supreme Court. Not aligning with either party in the case, the brief asks for a delay in the TikTok ban’s effective date to facilitate a negotiated solution.
The filing states, “President Donald J. Trump is the 45th and soon to be the 47th President of the United States of America. On January 20, 2025, President Trump will assume responsibility for the United States’ national security, foreign policy, and other vital executive functions.”
Highlighting the case’s complexity, the brief describes the issue as involving “unprecedented, novel, and difficult tension between free-speech rights on one side, and foreign policy and national security concerns on the other.” Trump’s attorneys argue that as the incoming president, he is uniquely positioned to mediate this dispute, stating he has “dealmaking expertise, an electoral mandate, and the political will” to address the concerns of both TikTok’s users and lawmakers.
The law mandating TikTok’s divestment is set to take effect on Jan. 19, just one day before Trump’s inauguration. If enforced, this timeline would effectively nullify Trump’s ability to leverage presidential powers to broker a resolution. To address this, Trump has requested a 90-day delay, giving his administration time to navigate the competing interests involved.
TikTok’s immense popularity among American users underscores the stakes of the dispute. Supporters argue that banning the app would suppress a major platform for free expression, while opponents emphasize the national security risks posed by its ties to China.
The Supreme Court’s decision on Trump’s request remains uncertain. The justices must weigh the merits of delaying the ban against the urgency of addressing security concerns. Their ruling could set the stage for a broader debate on how to balance free speech rights with national security in the digital age.
With tensions high and time running out, Trump’s appeal to the Supreme Court highlights his intent to take center stage in resolving one of the most contentious tech disputes in recent memory. Whether his efforts succeed will depend on the court’s willingness to grant the requested extension and the political landscape in the weeks ahead.
