President-elect Donald Trump has petitioned the Supreme Court to delay the impending federal ban on TikTok, which is set to take effect on Jan. 19. The ban requires TikTok’s Chinese owner, ByteDance, to either sell the platform or cease U.S. operations.
Mr. Trump’s position comes as a surprise, given his earlier stance on TikTok as a national security threat.
In his filing, Mr. Trump, who now has more than 14 million TikTok followers, argues that he wants to address both national security concerns and free speech issues once he takes office on Jan. 20. He believes his dealmaking expertise and political mandate make him uniquely qualified to negotiate a resolution that could save the platform while addressing security concerns.
TikTok has filed its own brief, arguing that the congressional ban violates First Amendment rights. The platform’s lawyer, Noel Francisco (who served as U.S. solicitor general during Mr. Trump’s first administration), contends that Congress’ unprecedented action to shut down a major American speech platform based on fears of Chinese influence contradicts constitutional principles.
The case has drawn attention from multiple stakeholders. TikTok users challenging the law argue that the platform provides unique business opportunities through its specialized editing tools and video-sharing recommendations. The platform currently serves approximately 170 million Americans.
The Biden administration’s Justice Department maintains that the First Amendment doesn’t apply to ByteDance as a foreign-owned company. They argue that the divestment requirement is content-neutral and not a response to any specific speech. The department has also reported that TikTok has received content direction from the Chinese government.
The legislation, which received bipartisan support and was signed by President Biden in April, stems from concerns about TikTok’s data collection practices and potential access by the Chinese government. The Supreme Court has already declined to issue an injunction stopping the law, and TikTok has faced defeats in lower courts.
The Supreme Court is scheduled to hear oral arguments in this case on Jan. 10, just days before the ban’s effective date.
Read more: Trump asks Supreme Court to delay TikTok ban to allow him to solve national security concerns
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