President-elect Donald Trump has formally requested the Supreme Court to postpone the TikTok ban set to take effect on January 19, just one day before his inauguration.
The ban, which mandates TikTok’s sale to a non-Chinese owner to avoid restrictions, stems from national security concerns surrounding its parent company, ByteDance. However, ByteDance has made it clear that it is not open to a forced sale.
Trump’s transition team has highlighted the significance of the app for communication and political engagement, with his legal team filing an amicus brief to advocate for the delay.
John Sauer, Trump’s nominee for solicitor general, submitted the brief on Friday, emphasizing TikTok’s role in modern political discourse.
The filing stated, “President Trump is one of the most powerful, prolific, and influential users of social media in history.” Trump currently boasts 14.7 million followers on TikTok, which he used extensively during the presidential campaign to communicate with voters.
“TikTok’s importance as a unique medium for freedom of expression, including core political speech, cannot be understated,” the brief continued. “Indeed, President Trump and his rival both used TikTok to connect with voters during the recent presidential election campaign, with President Trump doing so much more effectively.”
Sauer also underscored the broader implications of banning such a widely used platform. “This Court should be deeply concerned about setting a precedent that could create a slippery slope toward global government censorship of social media speech,” the brief warned. “The power of a Western government to ban an entire social-media platform with more than 100 million users, at the very least, should be considered and exercised with the most extreme care—not reviewed on a ‘highly expedited basis.’”
Throughout his campaign, Trump has expressed his support for TikTok, frequently crediting the platform for helping him connect with younger voters.
During a press conference earlier this month, Trump acknowledged TikTok’s influence, stating, “You know, I have a warm spot in my heart for TikTok because I won youth by 34 points, and there are those that say TikTok had something to do with it.”
Earlier this month, Trump met with TikTok CEO Shou Chew at Mar-a-Lago to discuss the looming ban and potential solutions. While specific details of the meeting remain undisclosed, Trump reiterated his commitment to saving the platform.
The TikTok ban was initially enacted earlier this year under the Biden administration, fueled by fears over the app’s Chinese ownership and potential data security risks.
Critics of the app, including U.S. intelligence officials, have raised concerns that TikTok could provide user data to the Chinese government, posing a threat to national security.
Congress moved forward with legislation banning TikTok, and President Joe Biden signed it into law in April 2024. The impending ban has drawn significant backlash, particularly from TikTok’s massive user base in the United States, which exceeds 170 million people.
The debate over TikTok reflects larger tensions between safeguarding national security and protecting freedom of expression. Trump’s legal filing positioned him as uniquely qualified to broker a resolution to address these concerns while preserving the platform.
“President Trump alone possesses the consummate dealmaking expertise, the electoral mandate, and the political will to negotiate a resolution to save the platform while addressing the national security concerns expressed by the Government—concerns which President Trump himself has acknowledged,” the brief argued.
The Supreme Court now faces the critical decision of whether to delay the ban, balancing concerns about national security with the potential impact on millions of American users and their freedom of expression.
Trump’s legal team has urged careful deliberation. “The decision to ban a platform with over 170 million U.S. users should not be rushed,” Sauer emphasized.
As the deadline looms, the future of TikTok in the United States hangs in the balance, with Trump vowing to make every effort to save the platform while addressing legitimate concerns. His actions suggest that TikTok may continue to play a pivotal role in political and social discourse in the years to come.