Democratic Senator Ed Markey and Republican Senator Rand Paul have called on President Joe Biden to extend by 90 days a looming January 19 deadline that requires China-based ByteDance to sell the U.S. assets of its popular short-video app TikTok or face a nationwide ban.
Their request comes as the Supreme Court prepares to hear ByteDance and TikTok’s legal challenge against the law mandating the sale. Arguments in the case are scheduled for January 10. In a joint letter to Biden, the senators argued that the law’s uncertain future and its implications for free expression warrant the 90-day reprieve.
Background on the Controversy
The contentious legislation was passed by Congress in April and signed into law by Biden. It stems from national security concerns raised by the Justice Department, which has argued that TikTok’s access to vast amounts of user data—including locations and private messages—makes it a significant threat. The department also raised concerns about ByteDance’s potential to manipulate content visible to American users.
TikTok, however, has denied these allegations, maintaining that it does not pose an imminent threat to U.S. security. The company and its parent, ByteDance, argue that the law violates the First Amendment’s protections of free speech.
Political Reactions
The debate over TikTok has divided lawmakers. Senate Republican Leader Mitch McConnell, in a brief filed with the Supreme Court, urged the court to reject any delay in enforcing the law, likening TikTok to a “hardened criminal.” Similarly, other senators, such as Republican Josh Hawley and Democrat Richard Blumenthal, insist that ByteDance must comply with the legislation.
On the other hand, Markey and Paul’s appeal highlights concerns about free expression and the impact of a potential TikTok ban on its 170 million American users.
Trump’s Reversal on TikTok
In a surprising turn, Republican President-elect Donald Trump, who previously sought to ban TikTok during his first term in 2020, has shifted his stance. During this year’s presidential race, Trump expressed a newfound fondness for TikTok, stating that he has “a warm spot” for the app and would “take a look” at the matter if elected. Trump will assume office on January 20, just one day after the current TikTok sale deadline.
Next Steps
With the Supreme Court set to deliberate on the matter and the Biden administration under pressure to extend the deadline, the future of TikTok in the U.S. hangs in the balance. Neither the White House nor TikTok has commented on the senators’ request.