President-Elect Donald Trump has asked the Supreme Court to delay a looming TikTok ban. In a filing late Friday, Trump emphasized the need for more time to negotiate a solution that avoids the app’s shutdown and protects constitutional rights.
We obtained a copy of the filing for you here.
This legal maneuver comes as the Biden administration staunchly defends the ban, labeling TikTok a severe threat due to its ties to its Chinese parent company. With the app’s future hanging in the balance, the Supreme Court faces a pivotal decision about whether the law, set to take effect January 19, violates the First Amendment.
Arguments are scheduled for January 10, ensuring the case will remain at the forefront of public debate into the new year.
A Clash Over TikTok’s Role in America
The ban, passed by Congress earlier this year with bipartisan support, stems from fears that TikTok can harvest data from US users and manipulate content to serve geopolitical interests.
The legislation demands that the app’s ownership divest from its Chinese parent to continue operating in the United States. However, critics, including Trump, argue that such a drastic measure could set a dangerous precedent for government overreach into digital platforms.
Trump’s filing, his first to the Supreme Court since winning the election, refrains from directly addressing the First Amendment implications but strongly advocates for a delay in enforcement. His position is clear: resolving the matter diplomatically, rather than banning a platform used by 170 million Americans, is essential. “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,” Trump stated.
Trump further argued that a pause would allow his incoming administration to seek a resolution that balances national security with the rights of users. This approach, he suggests, could prevent the ban from setting a precedent for censorship on a global scale.
