President-elect Donald Trump has called on the U.S. Supreme Court to delay the implementation of a law that would ban the popular social media app TikTok or compel its Chinese parent company, ByteDance, to sell the platform to a U.S. entity. The law, set to take effect on January 19, 2025, would force divestment or result in a nationwide ban on TikTok, which has over 170 million users in the United States.
The Supreme Court is scheduled to hear arguments on the case on January 10, but Trump’s legal team has requested a stay on the law’s deadline to allow his incoming administration time to explore a political resolution to the matter. “President Trump takes no position on the underlying merits of this dispute,” said his lawyer, D. John Sauer, who is also the president-elect’s nominee for U.S. solicitor general. “Instead, he respectfully requests that the Court consider staying the Act’s deadline… to permit President Trump’s incoming administration the opportunity to pursue a political resolution.”
This stance represents a reversal from Trump’s earlier position in 2020 when he attempted to ban TikTok and force its sale due to concerns about its Chinese ownership. However, during his presidential campaign, Trump appeared to soften his approach, meeting with TikTok CEO Shou Zi Chew in December and expressing a “warm spot” for the app. Trump even credited TikTok with helping him gain billions of views during his campaign.
TikTok and ByteDance have contested the law, arguing that the U.S. government has mischaracterized their ties to China. The company maintains that U.S. user data and content moderation decisions are handled domestically, with data stored on Oracle-operated servers in the United States. Despite these assurances, the U.S. Justice Department and most lawmakers argue that Chinese control of TikTok poses a national security risk.
Opponents of the ban, including free speech advocates, have voiced concerns that the legislation echoes censorship practices of authoritarian regimes. However, Montana Attorney General Austin Knudsen, supported by 22 state attorneys general, filed an amicus brief urging the Supreme Court to uphold the law, emphasizing the importance of addressing national security risks associated with Chinese influence over the app.
The outcome of this case could have significant implications for U.S.-China relations, free speech, and the future of TikTok in America. For now, Trump’s request seeks to buy time for a potential diplomatic or legislative resolution as the nation awaits the Court’s decision.