Trump asks US Supreme Court to pause law threatening TikTok ban

U.S. President-elect Donald Trump filed a legal brief Friday urging the Supreme Court to delay the implementation of a law requiring TikTok's Chinese owner, ByteDance, to divest from the popular video-sharing app. The law, if not stayed, would take effect the day before Trump’s January 20 inauguration.

“In light of the novelty and difficulty of this case, the court should consider staying the statutory deadline to grant more breathing space to address these issues,” Trump's legal team stated in the filing. They emphasized the need to give the president-elect "the opportunity to pursue a political resolution."

Trump’s Changing Stance on TikTok

Trump, who fiercely opposed TikTok during his first term from 2017 to 2021, previously attempted to ban the app, citing national security concerns. He argued that TikTok could be exploited by the Chinese government to access U.S. user data or manipulate content. This stance was shared by many of his political rivals.

U.S. officials also expressed alarm over the app's popularity among young Americans, alleging that its parent company ByteDance is subservient to Beijing and might spread propaganda. ByteDance and the Chinese government have consistently denied these allegations.

During his presidency, Trump had pushed for TikTok to be sold to a U.S.-based company, with the government sharing in the sale’s proceeds. His successor, President Joe Biden, reinforced this position by signing legislation to ban the app over similar concerns.

However, Trump appears to have reversed course. At a recent press conference, the president-elect expressed a newfound appreciation for TikTok. “I have a warm spot for TikTok,” he said, suggesting his administration might reconsider the proposed ban.

Trump also met with TikTok CEO Shou Zi Chew at his Mar-a-Lago residence earlier this month. In an interview with Bloomberg, he explained his shift in perspective: “Now (that) I’m thinking about it, I’m for TikTok, because you need competition. If you don’t have TikTok, you have Facebook and Instagram — and that’s Zuckerberg.”

Legal and Political Implications

In the brief filed on Friday, Trump’s legal team clarified that he is not taking a position on the legal merits of the case but is seeking additional time to address the broader issues.

“President Trump takes no position on the underlying merits of this dispute,” attorney John Sauer wrote. “Instead, he respectfully requests that the court consider staying the act’s deadline for divestment… permitting President Trump’s incoming Administration the opportunity to pursue a political resolution.”

Meanwhile, free speech organizations, including the American Civil Liberties Union, filed a separate brief opposing the law. They argued that enforcing the ban would raise serious censorship concerns.

Looking Ahead

As the Supreme Court considers the briefs, the future of TikTok in the United States hangs in the balance. Trump’s pivot on the app could signal a broader shift in how his administration plans to approach digital platforms and competition in the tech industry.

This case, which touches on issues of national security, free speech, and tech competition, is likely to set a significant precedent for the regulation of foreign-owned digital platforms in the U.S.