Trump’s Request to Delay TikTok Ban: A Political Maneuver

President-elect Donald Trump has made a significant move by asking the Supreme Court to delay the potential ban on TikTok, a popular social media app, until he takes office. This request comes as TikTok and the Biden administration filed opposing briefs to the court, with the company arguing that the law that could ban the platform by January 19 should be struck down, and the government emphasizing its position that the statute is needed to eliminate a national security risk[1].

Background of the TikTok Ban

The law in question was signed by President Joe Biden in April after it passed Congress with broad bipartisan support. It requires TikTok to divest from its China-based parent company, ByteDance, or face a ban. TikTok and ByteDance filed a legal challenge afterwards, arguing that the law unlawfully restricts speech in violation of the First Amendment. A panel of three federal judges on the U.S. Court of Appeals for the District of Columbia Circuit unanimously upheld the statute, leading TikTok to appeal the case to the Supreme Court[1].

Trump’s Change of Heart on TikTok

Trump’s request to delay the ban is a notable reversal of his previous stance on TikTok. During his first term in office, Trump tried to ban the app over national security concerns. However, during his 2024 presidential campaign, Trump joined TikTok and used it to connect with younger voters, especially male voters, by pushing content that was often macho and aimed at going viral. Trump has stated that he still believes there are national security risks with TikTok, but he opposes banning it at this juncture and seeks to resolve the issues through political means once he takes office[1].

Key Points from Trump’s Brief

– Trump’s amicus brief supports neither party in the case and was written by D. John Sauer, Trump’s choice for solicitor general.
– The brief argues that the future president has the right to make decisions about TikTok’s fate.
– Trump seeks to extend the deadline that would cause TikTok’s imminent shutdown and allow him to resolve the issue in a way that saves TikTok and preserves American national security once he resumes office as president of the United States on January 20, 2025[5].

Opposition from State Attorneys General

The Republican attorneys general of Virginia and Montana have filed an amicus brief asking the Supreme Court to uphold the divest-or-ban law against TikTok. They argue that whistleblower reports prove ByteDance has shared sensitive information with the Chinese Communist Party (CCP), including Americans’ browsing habits and facial recognition data. Virginia Attorney General Jason Miyares stated that allowing TikTok to operate in the United States without severing its ties to the CCP exposes Americans to the undeniable risks of having their data accessed and exploited by the CCP[5].

Legal Arguments and Implications

TikTok’s legal filing argues that the U.S. fears are predicated on future risks and that the government has no evidence that China has ever attempted to compel ByteDance to hand over information on TikTok’s U.S. patrons or use the platform to spread or suppress information. The Biden administration, on the other hand, emphasizes that TikTok’s corporate structure carries with it risk due to its integration with ByteDance and reliance on its proprietary engine developed and maintained in China[1].