In a landmark legal battle, President-elect Donald Trump has urged the U.S. Supreme Court to delay a law that would ban TikTok from operating in the United States unless it is sold by its Chinese parent company, ByteDance. The ban is set to take effect on January 19, a day before Trump assumes office, putting the incoming administration at the forefront of this contentious issue balancing free speech and national security concerns.
The law in question, the Protecting Americans from Foreign Adversary Controlled Applications Act, was passed in April 2024 with bipartisan support. It mandates ByteDance to divest TikTok to an American entity or face a nationwide ban. Proponents, including the Biden administration, argue that ByteDance’s alleged ties to the Chinese government pose significant national security risks, allowing potential data collection and content manipulation. Critics, however, claim the law violates First Amendment protections, as TikTok serves as a key platform for free expression for its 170 million U.S. users.
Trump’s Stand on TikTok Ban
Despite his administration’s previous efforts to ban TikTok in 2020, Trump has recently shifted his stance. In court filings submitted Friday, Trump’s legal team described him as uniquely positioned to resolve the issue. The president-elect has emphasized his desire for a “political resolution” that would safeguard national security while preserving Americans’ free speech rights. Trump’s legal brief highlighted his electoral mandate, calling him “one of the most powerful, prolific, and influential users of social media in history.”
Trump met with TikTok CEO Shou Zi Chew earlier this month, expressing his intent to save the platform. His court filing argued that delaying the ban would give his administration time to negotiate a deal that addresses the government’s security concerns while avoiding a nationwide shutdown of TikTok.
A Divided Front
The Biden administration, along with a bipartisan group of former Trump officials, continues to support the ban. They warn that ByteDance’s ownership of TikTok represents a “grave” threat to U.S. security. Former Vice President Mike Pence and his advocacy group, Advancing American Freedom, labeled TikTok a “technological weapon,” urging the court to uphold the law.
On the other hand, free speech advocates such as the American Civil Liberties Union (ACLU) and the Knight First Amendment Institute have voiced opposition to the ban. They argue that banning TikTok would disrupt Americans’ access to online content and set a dangerous precedent for government censorship.
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