In a move that underscores the Biden administration’s opposition to President-elect Donald Trump’s leadership, the Department of Justice (DOJ) has asked the Supreme Court to deny Trump’s request to delay the enforcement of a law banning TikTok. The law, set to take effect on January 19—just one day before Trump’s inauguration—requires TikTok’s parent company, China-based ByteDance, to either sell the app to an American entity or face a complete ban in the U.S.
Trump’s request to delay the law’s implementation until after his presidency begins was met with fierce resistance from Attorney General Merrick Garland, who cited TikTok as a national security threat. Despite the apparent alignment between Trump’s first-term stance on TikTok and the DOJ’s current arguments, this clash reveals a deeper power struggle as Trump seeks to assert control over a critical decision affecting millions of Americans.
Attorney General Garland has painted a dire picture of TikTok’s potential as a tool for espionage. He highlighted the app’s ability to collect sensitive data from 170 million U.S. users, warning that its Chinese ownership could enable the People’s Republic of China (PRC) to exploit this data for nefarious purposes.
“TikTok’s collection of reams of sensitive data about 170 million Americans makes it a powerful tool for espionage,” Garland argued. “So long as TikTok remains subject to the PRC’s control, the Chinese government could use those weapons against the United States at any time.”
Garland’s concerns echo longstanding fears about Beijing’s influence over the app, particularly in times of crisis when the PRC could use TikTok to manipulate public opinion or disrupt communications.
President Trump has consistently prioritized protecting American interests, and his first-term advocacy for banning TikTok aligned with those goals. However, his recent request to delay the ban reflects a nuanced approach. Trump has vowed to remain “neutral” on TikTok’s future but seeks to explore options that balance national security with the app’s cultural and political significance.
Some speculate that Trump’s softened stance stems from TikTok’s role in helping him connect with younger voters during the 2024 election campaign. Others believe he recognizes the potential to negotiate a deal that strengthens U.S. control over the platform while preserving its popularity among American users.
TikTok CEO Shou Chew has aggressively lobbied Congress and the incoming administration to protect the app’s future. By promising to safeguard U.S. user data and keep it out of Chinese government hands, Chew has garnered support from unexpected allies.
Prominent lawmakers like Senators Ed Markey (D-Mass.) and Rand Paul (R-Ky.), along with Representative Ro Khanna (D-Calif.), have defended TikTok, arguing that banning the app would violate First Amendment protections.
“A ban on TikTok would set a dangerous precedent for free speech,” Khanna stated. “We must find a solution that addresses security concerns without infringing on constitutional rights.”
This bipartisan support has complicated the Biden administration’s efforts to enforce the ban, as lawmakers emphasize the app’s role in fostering digital expression and economic growth.
At its core, this dispute is about more than just a social media app. It represents a pivotal moment in the ongoing U.S.-China rivalry, with TikTok serving as a symbol of Beijing’s technological reach. The Biden administration’s insistence on immediate action contrasts with Trump’s strategic patience, highlighting different approaches to addressing Chinese influence.
ByteDance, TikTok’s parent company, remains under the control of Chinese tech mogul Zhang Yiming, who retains over 50% of voting power in the corporation. This ownership structure has fueled concerns that the Chinese government could access TikTok’s data or leverage it to sway public opinion.
For Trump, delaying the ban offers an opportunity to take a more measured approach once he assumes office. By pushing back the law’s implementation, he could negotiate a deal that ensures TikTok’s compliance with U.S. regulations while preserving its appeal to millions of Americans.
For Biden’s DOJ, enforcing the ban on schedule is a matter of national security. Garland’s warnings reflect a fear that any delay could give China more time to exploit TikTok’s data-collection capabilities.
With the January 19 deadline fast approaching, the Supreme Court’s decision will have far-reaching implications. Will the Court side with Biden’s DOJ, prioritizing immediate action against TikTok? Or will Trump’s request for a delay pave the way for a more balanced solution under his administration?
This high-stakes battle is not just about TikTok—it’s about the future of U.S. digital sovereignty and the broader struggle to counter Chinese influence. For Trump supporters, this is another example of his ability to think strategically and prioritize American interests in the face of opposition. Whether the Supreme Court agrees remains to be seen, but one thing is clear: the fight over TikTok is far from over.
