President-elect seeks time to negotiate a solution on TikTok’s fate ahead of inauguration
President-elect Donald Trump has intervened in the ongoing battle over TikTok’s future in the U.S., urging the Supreme Court to pause the implementation of a law that would ban the social media platform if it is not sold by its Chinese parent company, ByteDance. The law is set to take effect on January 19, 2025, just one day before Trump’s inauguration.
Trump filed a brief on December 27, asking the court to allow him time after taking office to seek a “negotiated resolution” to the situation. While he did not directly address the constitutionality of the law, he raised concerns about its implications for free speech, calling the legislation “sweeping and troubling.” He argued that only he possesses the expertise and political will to broker a resolution that addresses both national security issues and the platform’s viability.
The case is being expedited with arguments scheduled for January 10, just days before the law is to take effect. It brings together competing interests: TikTok and its users’ First Amendment rights versus national security concerns raised by the U.S. government. Trump’s filing emphasized that a delay would allow the court to consider the case with greater care.
TikTok has argued that a ban would be an extreme measure, pointing out that the government has not fully explored alternatives to a ban. The company’s position reflects its belief that even in matters of national security, restrictions on speech should be a last resort.
Trump’s stance on TikTok has evolved. While he previously supported a ban, he has recently expressed a more favorable view of the platform, noting its role in influencing young voters during the 2024 election. Trump also met with TikTok CEO Chew Shou Zi in December, continuing his series of meetings with tech executives. During his first term, Trump had proposed that TikTok be sold to a U.S. company with a portion of the sale price going to the government.
The Justice Department has argued that TikTok’s Chinese ownership poses significant national security risks, claiming the platform could be used to collect sensitive data from millions of Americans and could be leveraged for covert influence operations. However, Trump’s filing suggested sympathy for the free speech concerns raised by TikTok, highlighting the potential dangers of shutting down a major social media platform due to concerns about unpopular speech.
The law has already been upheld by a federal appeals court in Washington, and it is also being challenged by a group of content creators. The outcome of the Supreme Court case could have lasting implications for the future of TikTok and the broader conversation about national security and free speech in the digital age.
